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2025 DAILYLAW 25470 (KAR)

MR. DEEPAK S v. STATE BY BEGUR POLICE STATION

WP/15330/2024 · 2025-02-19

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7602 WP No. 15330 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15330 OF 2024 (GM-RES) BETWEEN: 1. MR. DEEPAK S S/O. SRI. SUBRAMANI. K, AGED ABOUT 39 YEARS, 2. SMT. VASANTHAMMA W/O. LATE SUBRAMANI, AGED ABOUT 61 YEARS, 3. SMT. DAKSHAYANI AGED ABOUT 40 YEARS, D/O. LATE SUBRAMANI, BOTH ARE RESIDING AT NO. 5, 5TH MAIN, C CROSS, KRISHNA LAYOUT, BTM 4TH STAGE, DEVARCHIKKANAHALLI, BENGALURU - 560 076. …PETITIONERS (BY SRI. JAGADEESHA GOWDA.,ADVOCATE) AND: 1. STATE BY BEGUR POLICE STATION ELECTRONIC CITY, BENGALURU - 560 100. 2. SMT. YUVARANI W/O. SRI. DEEPAK. S, AGED ABOUT 29 YEARS, RESIDING AT NO. 109, 2ND FLOOR, 3RD CROSS, SAI NISARGA LAYOUT, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7602 WP No. 15330 of 2024 BEML 5TH PHASE, RAJARAJESHWARINAGAR, BENGALURU - 560 009. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. HARSHENDRA, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUITON OF INDIA READ WITH SECITON 482 OF THE CPC, PRAYING TO QUASHING CHARGE SHEET IN C.C.NO.21761/2023 ARISING OUT OF FIR IN CRIME NO.15/2023 DATED 14.01.2023 OF THE RESPONDENT BEGUR POLICE STATION ARRAIGNING THE PETITIONERS HEREIN AS ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 506, R/W 34 OF IPC AND UNDER SECTION 3, 4 OF DP ACT PENDING ON THE FILE OF HONBLE XLI ACMM COURT, BENGALURU. THE FIR HAS BEEN REGISTERED AT THE INSTANCE OF 2ND RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “a) Issue and appropriate writ or order quashing Charge sheet in C.C.No.21761/2023 arising out of FIR in Crime No.15/2023 dated 14.01.2023 of the Respondent Begur Police Station arraigning the Petitioners herein as Accused for the offences punishable under section 498A, 506 R/w 34 of IPC and under section 3, 4 of D.P. Act pending on the file of Hon’ble XLI ACMM Court, Bengaluru, - 3 - NC: 2025:KHC:7602 WP No. 15330 of 2024 produced at “Annexure-B”, the FIR has been registered at the instance of 2nd Respondent. b) Pass/issue such other needy directions/orders in favor of the Petitioners under the Circumstances of the case in the interest of justice and equity.” 2. Petitioner No.1-accused No.1 is the husband of respondent No.2-complainant. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed an Affidavit dated 19.02.2025, duly signed by petitioner No.1, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioner No.1 – accused No.1, respondent No.2 are physically present along with their respective counsel before the Court and they admit the contents of the aforesaid Affidavit dated 19.02.2025, which reads as under:- “VERIFYING AFFIDAVIT “We, Deepak S., S/o. Sri. Subramani K., Aged about 39 years, Residing at No.5, 5th Main, ‘C’ Cross, Krishna Layout, BTM 4th Stage, Devarachikkanahalli, Bengaluru – 560076, and Smt. Yuvarani, W/o. Sri Deepak S., Aged about 29 years, Residing at No.109, 2nd floor, 3rd Cross, Sai Nisarga Layout, BEML 5th Phase, Rajarajeshwarinagar, - 4 - NC: 2025:KHC:7602 WP No. 15330 of 2024 Bengaluru – 560098. Do hereby solemnly affirms and state on behalf of the petitioner No.2 and 3 on oath that: 1. We state that, during pending of litigation we amicably settled our issue and having happy married life. 2. We state that, I am the second deponent i.e., Mrs.Yuvarani herein wants to withdraw the FIR in Crime No.15/2023, consecutively to the C.C.No.21761/2023 pending on the file of Hon’ble XLI ACMM Court, Bengaluru. What is stated above is all correct and true to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the Affidavit dated 19.02.2025. (ii) The proceedings in C.C.No.21761/2023 (arising out of Crime No.15/2023 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 506 r/w. Section 34 of IPC, pending on the file of the XLI ACMM Court, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 69