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2025 DAILYLAW 28827 (KAR)

MR VIMAL KUMAR v. STATE OF KARNATAKA

CRL.P/8079/2022 · 2025-04-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:14130 CRL.P No. 8079 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8079 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. VIMAL KUMAR S/O SRI HEMARAM AGED ABOUT 32 YEARS, RESIDING AT NO.1478/L8 8TH CROSS IRWIN ROAD LAKSHKAR MOHALLA MYSURU – 570 001. …PETITIONER (BY SRI. PARASHURAM A.L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DEVARAJA POLICE STATION MYSURU REPRESENTEDS BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560001. 2. MRS. BHARATHI W/O MR VIMAL KUMAR AGED ABOUT 29 YEARS, RESIDING AT NO 31/1, 1ST MAIN JAYALAKSHMIPURAM MYSURU – 570 012. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14130 CRL.P No. 8079 of 2022 (BY SMT. AISHWARYA S.M., ADVOCATE FOR R2; SMT. RASHMI PATEL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S. 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT DATED 19.06.2020 (ANNEXURE-B) THE FIR DATED 19.06.2020 (ANNEXURE-A) THE CHARGE SHEET DATED 06.06.2022 (ANNEXURE-C) AND THE ENTIRE PROCEEDINGS IN C.C.NO.5143/2022 PENDING ON THE FILE OF THE JUDICIAL MAGISTRATE FIRST CLASS IV MYSURU FOR THE OFFENCES P/U/S.465,468,471,420 OF IPC 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Proceedings arising out of Crime No.43/2020 registered at Devaraja Police Station for offences punishable under Section 465, 468, 471 and 420 of IPC, pending before the Court of Judicial Magistrate First Class IV, Mysuru in C.C.No.5143/2022 is challenged in this petition preferred under Section 482 of Cr.P.C. - 3 - NC: 2025:KHC:14130 CRL.P No. 8079 of 2022 2. Based on a complaint lodged by respondent No.2, the aforementioned crime was registered against the petitioner and upon investigation charge sheet has been filed. 3. Petitioner as well as respondent No.2 are present before the Court. 4. Learned counsel Smt.Aishwarya S.M. has filed vakalath for respondent No.2/complainant. The same is taken on record. 5. An application under Section 528 of BNSS, 2023 has been filed signed by both petitioner as well as respondent No.2 and the respective learned counsel appearing for them, seeking permission of the Court to compound the offence and thereby to quash the aforementioned FIR. 6. It is stated that respondent No.2/defacto complainant and the petitioner have resolved the disputes pursuant to intervention by well-wishers, as such - 4 - NC: 2025:KHC:14130 CRL.P No. 8079 of 2022 respondent No.2 has consented not to prosecute the impugned proceedings. 7. Petitioner as well as respondent No.2 have filed affidavits in support of the application. 8. Para 4 of the affidavit of respondent No.2 reads as under: “4. I state that in view of the settlement between me and the Respondent No.2, the latter has expressed no objection for quashing of chargesheet and proceedings in C.C.No.5143/2022 and the FIR in Crime No.43/2020 for offences under Section 465, 468, 471 and 420 of the Indian Penal Code, 1860. On account of the voluntary nature of compromise between me and Respondent No.2 in view of our settlement, it would be just and necessary for this Hon’ble Court to quash the proceedings.” 9. Respondent No.2 is the wife of the petitioner. It is stated that their marriage has been dissolved by an order dated 07.03.2023 passed by the learned III Additional Principal Family Court, Mysuru in M.C.No.70/2023. - 5 - NC: 2025:KHC:14130 CRL.P No. 8079 of 2022 10. In view of the settlement and the entire dispute having been resolved, continuation of proceedings against the petitioner will not serve any purpose as it is a futile exercise. Hence, to meet the ends of justice, it is just and necessary to quash the proceedings. Accordingly, the following: ORDER Petition is allowed. The FIR and entire proceedings in *C.C.No.5143/2022 pending on the file of the Court of Judicial Magistrate I Class-IV, Mysuru registered for offences punishable under Section 465, 468, 471 and 420 of IPC is quashed. Application is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 24 * Corrected vide Chamber Order dated 15.4.2025.