- 1 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7821 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: JITHENDRA ARYA, SON OF DHARMA VEER, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO.302, 3RD FLOOR, PANCHAMUKHI PARADISE, RAJARAJESHWARI NAGAR, BENGALURU – 560 098 …PETITIONER (BY SRI. SHASHANK NAGENDRAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE BENGALURU CITY REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. 2. SRI MOHAN AGED ABOUT 20 YEARS, RESIDING AT NO.804, A BLOCK, PANCHAMUKI PARADISE APARTMENTS, RR NAGAR BENGALURU – 560 098. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. AKSHAY RAVINDRA PRABHU & SRI. BHARAGAV BHONSLE, ADVOCATES FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.71/2025 DATED 29.03.2025 REGISTERED BY THE RAJARAJESHWARI P.S., BENGALURU CITY, FOR THE OFFENCES P/U/S 75(2), 351(2) OF BNS, 2023. 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, petitioner has sought for the following relief:- “ Wherefore, the petitioners above named pray that the Hon’ble Court be pleased to quash the FIR dated 29.03.2025 in Crime No.71/2025 came to be registered at by the Rajarajeshwari Police Station, Bengaluru City, for the offences punishable under Sections 75(2) and 351(2) of Bharatiya Nyaya Sanhita 2023. Pass any other Order/directions as this Hon’ble Court deems appropriate 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 and 2nd respondent and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 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:- “JOINT AFFIDAVIT We, (1) Jithendra Arya, Son of Dharma Veer, Aged about 38 years, Residing at Flat no.302, 3rd Floor, Panchamukhi Paradise, Rajarajeshwari Nagar, Bengaluru (2) Siri Mohan, Aged about 20 years, Residing at No.804, A Block, Panchamuki Paradise Apartments, RR Nagar, Bengaluru City Karnataka-560098 do hereby Jointly affirm and State on Oath as the Deponent Nos 1 to 2 respectively as follows: 1. We, the Deponent No's 1 and 2 are the Petitioner and the Respondent No.2 in this Petition respectively. We are well conversant with the facts and Circumstances of the Case and we are Competent to Swear to this Affidavit. 2. The Deponent Nos.1 to 2 have filed the above case, for quashing of the FIR in Crime No.71/2025 dated 29/03/2025 came to be registered at by the Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable U/s. 75(2) and 351(2) of the Bharatiya Naya Sanhita, 2023, pending before the Learned 46th Additional Chief Metropolitan Magistrate, and the proceedings emanating therefrom. - 4 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 3. An FIR in Crime No.71/2025 dated 29/03/2025 came to be registered at by the Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable U/s. 75(2) and 351(2) of the Bharatiya Naya Sanhita, 2023 based on the Complaint lodged by the Deponent No.2. the Gist of the Complaint is Gist of the Complaint is that the De-facto Complainant is resident of one Panchamuki Paradise, on 27/03/2025 at around 9:30 pm when the Complainant was going to her apartment which is located at the 8th Floor, the Petitioner herein came into the lift, touched her inappropriately, kissed her on the neck, called her into his house and threatened her with dire consequences is she informed the same to anybody, hence the said Complaint. 4. Thereafter, the Deponent No.1 herein was arrested and then subsequent produced before the 46th Additional Chief Metropolitan Magistrate on 30/03/2025 and was remanded to Judicial Custody till 09/04/2025 as offences alleged in crime No.71/2025 was triable by the court of Sessions. Subsequently the Deponent No.1 have approached the Respondent No.2 for settlement which has been agreed upon. The Deponent Nos.1 and 2 have now resolved their differences amicably with respect to the instant Petition and that she has compromised the instant matter. The Deponent No.2 has also agreed that the said decision has been taken without any threat or coercion or undue influence and has stated that the matter has been settled out of her own free will. - 5 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 5. The Deponent No. 2 has reached a settlement with Deponent No.1, wherein upon realizing that the dispute between them was based on misunderstandings, she gives her unequivocal and free consent that she no longer wishes to pursue the FIR, and that she has no objection to the quashing of the said FIR, and the proceedings emanating therefrom. 6. The Deponent No.1 also undertakes to never repeat similar offences and also undertakes to never contact the Deponent No.2 or any of her family members in the future. 7. In view of the amicable resolution of disputes between Deponent No.1 and Deponent No. 2, it is humbly stated that this is a fit and proper case for this Hon'ble Court to exercise its inherent power to quash and set aside the FIR and the proceeding emanating therefrom. Therefore, the Deponents above named Jointly Pray that this Hon'ble Court be pleased to consider the Circumstances of the Compromise between the Deponents herein and on that basis, quash the Proceedings in Crime No.71/2025 dated 29/03/2025 came to be registered at by the Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable U/s. 75(2) and 351(2) of the Bharatiya Naya Sanhita, 2023, pending on the file of the 46th Additional Chief Metropolitan Magistrate, at Bengaluru,, as prayed for in the Petition, in the interest of Justice. - 6 - HC-KAR NC: 2025:KHC:20270 CRL.P No. 7821 of 2025 We, the abovenamed Deponents, do hereby Declare that what is stated above in this Joint Affidavit are true and correct to the best of our information, knowledge and belief and the names and Signatures contained in this Document are Our Own.” 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 05.06.2025. (ii) The proceedings in Crime No.71/2025 of Rajarajeshwari Nagar Police Station, Bengaluru City for the offences punishable under Sections 75(2) and 351(2) of the BNS, 2023 pending on the file of 46th Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 155