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2025 DAILYLAW 28779 (KAR)

SRI PURUSHOTHAM H R v. THE STATE OF KARNATAKA

WP/16889/2025 · 2025-06-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22852 WP No. 16889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16889 OF 2025 (GM-RES) BETWEEN: SRI PURUSHOTHAM H R S/O RUDRAMUNY K H , AGED ABOUT 37 YEARS, R/AT NO. 204/3, 1ST ‘A’ CROSS, H M T LAYOUT, MATHIKERE, BANGALORE - 560 054. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KENGERI POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. PRIYANKA D R D/O DODDA RACHAIAH, AGED ABOUT 35 YEARS, R/AT NO. 1050, 5TH BLOCK, 6TH STAGE, BANASHANKARI , BENGALURU -560 062. …RESPONDENTS (BY SRI. B.N.JAGADEESHA.ADDL.SPP FOR R-1 SRI. ARVIND.N, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITION OF INDIA PRAYING TO QUASH THE FIR DTD. 12.05.2025 IN SO FAR AS THE PETITIONER IS CONCERNED IN CRIME NO. 0211/2025 REGISTERED BY THE RESPONDENT KENGERI POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 69, 88 OF BHARATIYA NYAYA SANHITA, 2023 PENDING BEFORE THE LEARNED 6TH ADDL. CMM COURT, BANGALORE CITY VIDE ANNX-A. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22852 WP No. 16889 of 2025 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 seeks for the following reliefs:- “a) Issue a Writ of Certiorari or other appropriate writ seeking to quash the F.I.R. dated: 12.05.2025, in so far as the Petitioner is concerned, in Crime No.0211/2025, registered by the Respondent Kengeri, Police Station, Bengaluru, for the offences punishable under Section 69, 88 of Bharatiya Nyaya Sanhita, 2023, pending before the Learned 6th Addl.CMM, Court, Bangalore city, vide ANNEXURE-A. b) Pass such other order/s as this Hon’ble court deem fit under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 27.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court - 3 - HC-KAR NC: 2025:KHC:22852 WP No. 16889 of 2025 and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- “ I, PURUSHOTHAM H.R, S/o Rudramuny K.H., Aged about 37 years, R/at #204/3, 1T A Cross, H.M.T Layout, Mathikere, Bangalore, and PRIYANKA D.R, C/o Dodda Rachaiah, Aged about 35 years, R/at No.1050, 5m Block, 6 Stage, Banashankari, Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I, Purushotham H.R., the accused/petitioner in the above case, and I, Priyanka D.R., the respondent No.2/complainant in the above case, do hereby state and affirm that we are fully conversant with the facts and circumstances of the case, and we are swearing to this affidavit voluntarily and on our own behalf, based on our personal knowledge & understanding of the matter. 2. We state that, we have tiled the accompanying application under Section 359 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking permission this Hon'ble Court for compounding of the offences attributed in the above case, as the parties have amicably settled their disputes and no purpose would be served by continuing with the criminal proceedings. 3. We state that, we have amicably settled the disputes and differences between us, and the matter has been mutually compromised in the presence of elders and well-wishers, without any coercion or undue influence. 4. We state that the Petitioner, Sri. Purushotham 11.R., and Respondent No.2, Smt. Priyanka D.R., have - 4 - HC-KAR NC: 2025:KHC:22852 WP No. 16889 of 2025 amicably resolved their differences, and pursuant to said settlement, both the parties are willing to marry each other. In light of this mutual understanding, Respondent No.2 has voluntarily agreed to withdraw the complaint lodged against the Petitioner, thereby putting an end to the dispute between the parties. 5. We state that we, Purushotham H.R. [Petitioner) and Priyanka D.R. [Respondent No.2], were in a consensual relationship for the past 6 years, and all interactions, engagements, and acts between us during this period were voluntary and based on mutual understanding and consent, without any element of coercion, force, or misrepresentation from either side. 6. We state that, both of us have mutually agreed to resolve our dispute amicably, wherein the Petitioner has consented to marry the Respondent No.2, and in view of the said understanding, the Respondent No.2 has agreed to withdraw the criminal case filed against the Petitioner and has further assured that no other criminal complaint shall be lodged in future pertaining to the said issue. WHEREFORE, it is prayed that this Hon'ble Court be pleased to permit f Petitioner to compound the offences, 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 - 5 - HC-KAR NC: 2025:KHC:22852 WP No. 16889 of 2025 (i) Petition is disposed of in terms of the Joint Affidavit dated 27.06.2025. (ii) All further proceedings in Crime No.211/2025 registered by the 1st respondent – Police for the offences punishable under Sections 69 and 88 of IPC, pending on the file of VI ACMM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 11 Sl No.: 3