Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19011 CRL.P No. 7171 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7171 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI. CHETHAN KUMAR H. N. @ CHETHAN H.N.
S/O. NARAYANASWAMY, AGED ABOUT 32 YEARS, R/AT NO. 119/A, KANAKANAGARA, V. V. LAYOUT, HOSKOTE, BENGALURU RURAL – 562 114 …PETITIONER (BY SRI. K. RAMA SINGH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY HOSKOTE POLICE STATION,
HOSKOTE
REP BY SPP,
HIGH COURT BUILDING,
BENGALURU - 01
2.
SMT. CHANDRIKA, W/O. MANJUNATH M.H., AGED ABOUT 40 YEARS, R/AT J.P. TULIPS APARTMENT, NEAR LANKO TOLL, HOSAKOTE TOWN, BENGALURU DISTRICT – 562 114 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. SAMPATH KUMAR A.V., ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.372/2024 IN SPL.C.NO.76/2025 FOR THE ALLEGED OFFENCE P/US/ 4(1),6,12 OF POCSO ACT R/W SEC.64(2)(M) OF
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:19011 CRL.P No. 7171 of 2025
BNS 2023 PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC II) BENGALURU RURAL DISTRICT.
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, the petitioner prays that this Hon’ble Court be pleased to quash the entire proceedings in Crime No.372/2024 in Special Case No.76/2025, for the alleged offences punishable under Section 4(1), 06, 12 of POCSO Act, read with Section 64(2)(M) of BNS, 2023 pending before Additional District and Sessions Judge (FTSC-II), Bengaluru Rural District, in the interest of justice.”
2.
Learned counsel for the petitioner – accused and
learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner– accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
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HC-KAR NC: 2025:KHC:19011 CRL.P No. 7171 of 2025
“JOINT AFFIDAVIT
I, Sri. Chethan Kumar. N @ Chethan. N S/o. Narayanaswamy, aged about 32 years, R/at: No. 119/A, Kanakanagara, V.V. Layout, Hoskote, Bengaluru rural- 562114, the Petitioner (Accused) in the above petition, now at Bengaluru do hereby solemnly affirm and state on oath as follows:-
I, Chandrika, W/o Manjunath, aged about 40 years, R/at J.P Tulips apartment, Near Lanko Toll, Hosakote town, Bengaluru district-562114, the respondent No.2 (CW-1) in the above petition, now at Bengaluru do hereby solemnly affirm and state on oath as follows:-
1. We state that, complaint came to be registered in Crime.No. 372/2024 in Hoskote police station, for the offence U/S 4(1), 6, 12 of POCSO r/w 64(2)(M) of BNS 2023. 2. We state that, the court below took cognizance upon filing of chargesheet by the respondent police and the same is pending on the file of Hon'ble Additional District and sessions judge (FTSC-II), Bengaluru rural district at Bengaluru in SPL.C No. 76/2025 for the offence U/S 4(1) 6, 12 of POCSO r/w 64(2)(M) of BNS 2023. 3. We state that, on the advice of elders, well wishers we do not want to prosecute the criminal case as we have amicably settled the dispute out of the court and in the interest of the future of the victim and also in order to
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HC-KAR NC: 2025:KHC:19011 CRL.P No. 7171 of 2025
maintain cordial relationship and harmony we do not want to prosecute the criminal case in SPL.C No. 76/2025 pending on the file of Hon'ble Additional District and sessions judge (FTSC-II), Bengaluru rural district at Bengaluru.
WHEREFORE, we most humbly prayed that this Hon'ble court may kindly be permitted the parties to compound the case in SPL.C No. 76/2025 for the offences punishable U/S 4(1), 6, 12 of POCSO r/w 64(2)(M) of BNS 2023 in connection to Crime No. 372/2024 by Hoskote police, pending on the file of Hon'ble Additional District and sessions judge (FTSC-II), Bengaluru rural district at Bengaluru and consequently quash the entire criminal proceedings in the interest of Justice and equity.”
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 Affidavit dated 22.05.2025.
(ii) The proceedings in Spl.C.No.76/2025 (arising out of Crime No.372/2024 of 1st respondent – Police) registered for the offences punishable under Sections 4(1), 6, 12 of POCSO Act, 2012 read with 64(2)(M) of BNS, 2023 pending on the
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HC-KAR NC: 2025:KHC:19011 CRL.P No. 7171 of 2025
file of Additional District and Sessions Judge (FTSC-II), Bengaluru Rural District, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 1 Sl No.: 40