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2025 DAILYLAW 25685 (KAR)

APRATIM SAHU, v. THE STATE OF KARNATAKA

CRL.P/6572/2025 · 2025-04-29

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:17834 CRL.P No. 6572 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6572 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. APRATIM SAHU, S/O RAJ BAHADUR SAHU, AGED ABOUT 32 YEARS, PRESENTLY R/AT NO.14 FLAT NO.11, 1ST FLOOR, MARKHAM ROAD, ASHOKANAGAR, BENGALURU-560 025. …PETITIONER (BY SRI. GANESHA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ASHOKNAGAR POLICE STATAION REP. BY H.C.G.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. ASHIMA PATRA VRIDDHI NIVAS NO.6, 6TH MAIN ROAD, ASHOKNAGARA BENGALURU CITY, KARNATAKA-560 025. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. CHETAN V., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.52396/2025 ARISING OUT IN CRIME NO.361/2024 REGISTERED BY THE RESPONDENT NO.1 FOR THE OFFENCES P/U/S 69, 352, 351(2)(3) OF THE BNS, 2023 PENDING BEFORE THE XXIX Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17834 CRL.P No. 6572 of 2025 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent-State. Sri Chetan V., learned counsel files vakalath on behalf of respondent NO.2. The same is placed on record. 2. The petitioner who is facing trial for the offences punishable under Sections 69, 352, 351(2), 351(3) of BNS 2023 is before this Court seeking relief. 3. The prosecution alleges that the petitioner induced the defacto complainant to have sexual intercourse by promising to marry her and thereafter breached the promise to marry. 4. The petitioner and the defacto-complainant are present before this Court and have filed joint affidavit stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the petitioner has agreed to solemnize marriage with the defacto-complainant within four months. The respondent No.2-defacto-complainant who is present before this Court states that she has agreed to withdraw all the allegations made against the petitioner and has no objections for quashing the impugned proceedings. 5. The joint affidavit is placed on record. - 3 - NC: 2025:KHC:17834 CRL.P No. 6572 of 2025 6. Though the offences are cognizable and non- compoundable, however, having regard to the fact that, the parties have amicably resolved the dispute among themselves, and the respondent No.2 having agreed to withdraw all the allegations made by her, it would be futile, if the petitioner - accused is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in CC No.52396/2025 pending on the file of the XXIX Additional Chief Metropolitan Magistrate, Mayohall Bengaluru, insofar it relates to the petitioner-accused herein is hereby quashed. Liberty is reserved with the respondent No.2 to revive this petition in the event, the petitioner breaches the undertaking. I.A.No.1/2025 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE hr/List No.: 1 Sl No.: 179