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2025 DAILYLAW 24206 (KAR)

SRI YASAVANTH H A v. THE STATE OF KARNATAKA

CRL.P/5784/2025 · 2025-06-19

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21382 CRL.P No. 5784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5784 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI YASAVANTH H. A. S/O ANKEGOWDA, AGED ABOUT 25 YEARS, R/AT SI HAGALAHALLI (V AND P), MADDUR TALUK, MANDYA DISTRICT – 571 422. …PETITIONER (BY SRI. MANOJ H. C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THALAGHATTAPURA POLICE STATION, KOTE CIRCLE, SHIVAMOGGA – 577 201. REPRESENTED BY ITS S.P.P., KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, BENGALURU – 01 2. SRI. MANJUNATH R., S/O RAVIKUMAR, AGED ABOUT 22 YEARS, R/ AT NO.37, 5TH CROSS, SHIVASAKTINAGARA, CHUNCHAGHATTA, BENGALURU – 577 201 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SRI. SHARATH J. M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CRIME. NO.114/2025 OF RESPONDENT NO.1 THALAGATTAPURA POLICE, FOR OFFENCES PUNISHABLE UNDER Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21382 CRL.P No. 5784 of 2025 SECTIONS 115(2), 118(1), 127(2), 137(2), 351(2), 352 R/W 3(5) OF BHARATHIYA NYAYA SANHITA 2023, ON THE FILE PENDING BEFORE THE ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “ Wherefore, it is respectfully prayed that this Hon’ble Court be pleased to quash the FIR against the petitioner in Crime No.114/2025 of respondent No.1 Thalagattapura Police, for offences punishable under Sections 115(2), 118(1), 127(2), 137(2), 351(2), 352 read with Section 3(5) of Bharathiya Nyaya Sanhita 2023, on the file pending before the Additional Chief Judicial Magistrate, Bengaluru Rural at Bengaluru, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.2 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- - 3 - HC-KAR NC: 2025:KHC:21382 CRL.P No. 5784 of 2025 “JOINT MEMO WE, Yasavanth H.A S/o Ankegowda AND Manjunath R S/o Ravikumardo hereby submits as follows: 1. We state that we are the Petitioner and 2nd Respondent in the above case and we are well conversant with the facts and circumstances of the case. 2. The Respondent No.2 and petitioner (accused No.2) are working in amazon company respondent No.2 had lodged a complaint against the petitioner for the offence punishable under section 115(2), 118(1), 127(2), 137(2), 351(2), 352 R/w 3(5) of BNS, in turn the respondent no.1 registered the FIR in crime no.114/2025 against petitioner for the aforementioned sections, which is pending on the file of 2nd ADDL. Chief Judicial Magistrate(CJM) Bengaluru rural, Bengaluru. 3. it is further submitted that with intervention of holders of both the petitioner family and respondent no.2 family, keeping the in view of future, the both respondent no.2 and petitioner they are resolved their dispute amicably and now they are compromised the dispute hence this joint memo. 4. The continuation of the proceedings would serve no purpose and the respondent no.2 does not wish proceed with the criminal proceeding in Crime No. 114/2025 on the 2nd Addl. Chief Judicial Magistrate (CJM) Bengaluru Rural, Bengaluru. - 4 - HC-KAR NC: 2025:KHC:21382 CRL.P No. 5784 of 2025 5. In view of the peculiar facts and circumstances involved in the above matter the 2nd respondent has no objection for quashing of the said proceedings and both the parties filed this joint memo without any force, undue influence or coercion. Wherefore, the petitioner and 2nd respondent above pray that this Hon'ble court may be pleased to accept the memo and allow the above petition and quash the FIR in crime no. 114/2025 for the offence punishable under section under 115(2), 118(1), 127(2), 137(2), 351(2), 352 R/w 3(5) of BNS, on the file of 2nd Addl Chief Judicial Magistrate (CJM) Bengaluru rural, Bengaluru.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 19.06.2025. (ii) The Complaint / FIR in Crime No.114/2025 dated 24.03.2025 of Thalaghattapura Police Station registered for the offences punishable under Sections 115(2), 118(2), 127(2), 137(2), 351(2), 352 read with Section 3(5) of - 5 - HC-KAR NC: 2025:KHC:21382 CRL.P No. 5784 of 2025 Bharathiya Nyaya Sanhita 2023, pending on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, in relation to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 1