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2025 DAILYLAW 28930 (KAR)

JOY POULOSE v. STATE OF KARNATAKA

CRL.P/8028/2025 · 2025-06-12

S R Krishna Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20267 CRL.P No. 8028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8028 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. JOY POULOSE S/O P. PAYYAPPILLY DEVASSY, AGED ABOUT 56 YEARS, R/AT NO. 207, JANA JEEVA SILVER PALM, AMBALIPURA GRAM, BELLANDURU, BENGALURU KARNATAKA – 560 102. 2. SWAPNA JOY POULOSE W/O JOY POULOSE AGED ABOUT 49 YEARS R/AT NO. 207, JANA JEEVA SILVER PALM, AMBALIPURA GRAM, BELLANDURU, BENGALURU KARNATAKA – 560 102. 3. ARUN KRISHNAN, S/O KRISHNAN K., AGED ABOUT 39 YEARS, R/AT SHREYAS ARCADE, 24TH MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU – 560 102 …PETITIONERS (BY SRI. AMITH NAYAK, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY MARATHAHALLI POLICE STATION, BANGALORE - 560 037 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20267 CRL.P No. 8028 of 2025 2. GOPAN GOPINATH PILLAI S/O GOPINATH PILLAI, AGED ABOUT 42 YEARS, RESIDENT OF KADUBEESANAHALLI, BANGALORE – 560 103 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.108/2025 (CR.NO.577/2025 OF MARATHAHALLI P.S) PENDING ON THE FILE OF LEARNED III ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 316(2), 318(2), 61(2), 3(5) 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 petitioner Nos.1 to 3/accused Nos.1 to 3 named above pray that this Hon’ble Court may be pleased to pass an order quashing the entire proceedings in C.C.No.108/2025 (Crime No.577 of 2025 of Marathahalli PS) pending on the file of the Learned III Additional Chief Judicial Magistrate, Bengaluru registered for the offences punishable under Sections 316(2), 318(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, to meet the ends of justice.” - 3 - HC-KAR NC: 2025:KHC:20267 CRL.P No. 8028 of 2025 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- “JOINT MEMO The Petitioners and the Respondent No.2 respectfully submit as follows: 1. That the parties to the above proceedings have amicably settled the disputes and differences arising out of the subject matter of the Criminal case bearing CC No.108/2025 (Crime No.577/2024) of the Marathahalli Police Station registered for the offence punishable U/Sec. 316(2), 318(4), 61(2) and 3(5) of BNS 2023 which is now pending on the file of the III Addl. Chief Judicial Magistrate, Bengaluru. 2. It is submitted that the parties have settled the dispute between themselves and whereby all claims and allegations between them have been fully and finally resolved to their mutual satisfaction. 3. It is submitted that in view of the said compromise the 4 Respondent No.2/ Complainant has no objection for quashing of the criminal proceedings pending against the - 4 - HC-KAR NC: 2025:KHC:20267 CRL.P No. 8028 of 2025 petitioners herein. The parties jointly state that the continuation of the criminal proceedings would only lead to further hardship and serve no useful purpose, as the matter has been resolved voluntarily and without any coercion or undue influence. Wherefore it is prayed that this Hon'ble Court be pleased to take this Joint Memo on record and quash the proceedings in C.C.No.108/2025 pending on the file of III Addl. Chief Judicial Magistrate, in the intent of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 12.06.2025. (ii) The proceedings in C.C.No.108/2025 (arising out of Crime No.577/2025 of 1st respondent – Police) registered for the offences punishable under Sections 316(2), 318(2), 61(2) and 3(5) of the BNS, 2023 pending on the file of III Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 3