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2025 DAILYLAW 25221 (KAR)

SRI. GOWRISHANKAR R v. THE STATE OF KARNATAKA

CRL.P/5920/2022 · 2025-01-22

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC:2576 CRL.P No. 5920 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5920 OF 2022 BETWEEN: SRI. GOWRISHANKAR R S/O R. RAJENDRA AGED ABOUT 31 YEARS NO.10, 16TH CROSS JAKKUR LAYOUT BANGALORE NORTH JAKKUR BANGALORE-560 064 …PETITIONER (BY SRI. N.S. LOHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY AMRUTHHALLI POLICE STATION BANGALORE THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 2. SMT. MALA B.K W/O RAJESH D/O KRISHNAPPA AGED ABOUT 35 YEARS NO.27, 1ST CROSS MUNIKEMPANNA LAYOUT DASARAHALLI, BANGALORE-560 092 …RESPONDENTS (BY SMT. K.P. YASHODA, HCGP FOR R1; SRI. S.B. SHIVAKUMAR, ADVOCATE FOR R2) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2576 CRL.P No. 5920 of 2022 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.68/2022 PENDING ON THE FILE OF THE COURT OF THE VII ADDL.C.M.M AT BENGALURU FOR THE OFFENCE P/U/S 417,419,312 AND 313 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner and respondent No.2 filed the application under Section 320(2) of Cr.P.C. along with joint affidavit of the parties. They submit that the parties have amicably settled the dispute out of Court. 2. Petitioner and respondent No.2 are present and they are identified by their respective counsel. 3. The joint affidavit filed by petitioner and respondent No.2 reads as under: "We, 1) Gowrishankar R. S/o B.Rajendran, aged about 34 years, No.10, 16th Cross, Jakkur Layout, Bangalore North Jakkur, Bangalore- 560064 the petitioner; 2) Mala B.K. D/o Krishnappa B. aged about 33 years, No.27, 1st Cross, Munikempanna Layout Dasarahalli, Bangalore-560092, the respondent No.2, do - 3 - NC: 2025:KHC:2576 CRL.P No. 5920 of 2022 hereby solemnly jointly affirm and state on oath as follows: 1. We the above-named petitioner and respondent No.2 respectively in the above captioned case and well acquainted with the facts of the case. Hence, we are swearing to the contents of this affidavit. 2. We are the petitioner and respondent No.2 in the above case and well versed with the facts of the case and we have amicably settled the differences between us and resolved to marry and hence respondent No.2 not interested to prosecute the case and hence, I, Mala B.K., the respondent No.2 is the complainant and the victim has no objection to quash the proceedings which are subject matter in the captioned petition. 3. We submit that, whatever we stated above are true and correct to the best of our knowledge and belief and we believe the same to be true and correct. THEREFORE, we pray that this Hon'ble Court be pleased to quash the proceedings which are subject matter in the captioned petition, in the interest of justice and equity. We swear accordingly." - 4 - NC: 2025:KHC:2576 CRL.P No. 5920 of 2022 4. The petitioner and respondent No.2 admit the contents of the application as well as the joint affidavit. 5. Respondent No.2 submits that she has withdrawn the allegations made against the petitioner and she has no objection to allow the petition. 6. Submissions are placed on record. 7. Application is allowed. Parties are permitted to compound the offence. 8. In view of the above, I proceed to pass the following: ORDER i. The petition is allowed. ii. The criminal proceedings against the petitioner in Crime No.68/2022 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 417, 419, 312 and 313 stands quashed. - 5 - NC: 2025:KHC:2576 CRL.P No. 5920 of 2022 In view of disposal of criminal petition, IA No.1/2023 stands disposed of. Sd/- (M G UMA) JUDGE AP List No.: 1 Sl No.: 12