- 1 - HC-KAR NC: 2025:KHC:21655 WP No. 17600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17600 OF 2025 (GM-RES) BETWEEN: MR GENOY GEORGE S/O LATE V. P. GEORGE, AGED ABOUT 41 YEARS, RESIDING AT H. NO. 133, GEORGE PAULOSE VAZAH, 2ND CROSS, 4TH MAIN, HAL 3RD STAGE, NEW THIPPASANDRA, BENGALURU – 560 075. …PETITIONER (BY SRI. NAGARAJ RAVIKUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER (SHO), JEEVAN BHEEMANAGAR POLICE STATION, BENGALURU – 560 075. 2. SMT. ACHAMMA GEORGE, W/O LATE V. P. GEORGE, R/O H. NO. 133, GEORGE PAULOSE VAZAH, 2ND CROSS, 4TH MAIN, HAL 3RD STAGE NEW THIPPASANDRA, BENGALURU - 560 075. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SMT. BHAVANA MURALIDHARA, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO THE COMPLAINT LODGED BY THE 2ND RESPONDENT BEFORE THE JEEVAN BHEEMANAGAR POLICE STATION / 1 RESPONDENT DATED 19/12/2024. (ANNEXURE - A) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21655 WP No. 17600 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a. The Complaint lodged by the 2nd Respondent before the Jeevan Bheemanagar Police Station / 1st Respondent dated; 19.12.2024. (Annexure-A); b. The First Information Report in Crime No. 0351/2024 registered by the Jeevan Bheemanagar Police Station/ 1st Respondent dated: 19/12/2024 against the petitioner for the offences punishable under Section 318 of the BNS, 2023. (Annexure-A1); C. Quash the FIR Complaint dated: 19/12/2024 bearing Crime No. 0351/2024 registered by the Respondent No.1-jeevan Bheemanagar Police, Bengaluru pending on the file of the 10th Additional chief Judicial Magistrate, Mayo Hall, Bengaluru (‘Ld.Magistrate’0 dated: 19.12.2024 against the petitioner for alleged offences punishable under Section 318 of the BNS, 2023 AT (Annexure-A) and (Annexure-A1); d. Pass any other order/s that this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:21655 WP No. 17600 of 2025 3. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 20.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 4. Petitioner – accused and respondent No.2 – complainant, who are none other than the son and mother and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT I. Mr. Genoy George S/o Late V.P George, aged about 41 eyars, the petitioner herein, and Smt. Achamma George, W/o Late V.P.George aged about 77 years, both residing at R/o H. No.133, George Paulose vazah, 2nd cross, 4th main, HAL 3rd Stage New Thippasandra, Bengaluru, Karnataka – 560 075, do hereby solemnly affirm on oath and state as follows; 1. We state that we are the Petitioner and the Respondent No.2 respectively in the above case, and we are all aware of the facts and circumstances of the above case and hence we are competent to swear to this affidavit. 2. We state that we are related by blood and are mother an eldest son. We have also been living together and the mother has been under the constant care and support of the eldest son. - 4 - HC-KAR NC: 2025:KHC:21655 WP No. 17600 of 2025 3. We state that the registered gift deed dated: 20.09.2024 in respect of the property situated at HAL 3rd Stage was made voluntarily by Achamma i.e., Deponent No.2 herein out of mutual affection and love to her eldest son, Mr. Genoy George i.e., Deponent No.1 hrein. 4. We state that we are living together in the same household and Deponent No.1 is continuing to take care of Deponent No.2 in her old age. 5. We state that in the aforesaid circumstances, since we have reconciled/reunited and have agreed to close all proceedings filed against each other by withdrawing all allegations unconditionally, the continuation of investigation in Cr.No.0351/2024 will be an unnecessary harassment to the Deponent No.1 who is the sole care taker of Deponent No.2 6. We have been advised to state that the allegations/ contained in the complaint an F.I.R bearing Crime No.0351/2024 dated: 19.12.2024 do not survive for consideration, especially, in view of the decision of the Hon’ble Supreme Court of India in Gian Singh.v.State of Punjab reported in (2012) 10 SCC 303 and State of M.P.v. Laxmi Narayana reported in (2019) 5 SCC 688, wherein it has been held that if the offence is primarily civil in nature and a settlement is arrived between the parties, the High Courts can compound such offences while exercising it inherent power under Section 482 of the Code of Criminal Procedure, 1973. Hence, the instant application. We state that in view of the reconciliation/reunion, the offences under Section 318 of the BNS, 2023 in F.I.R - 5 - HC-KAR NC: 2025:KHC:21655 WP No. 17600 of 2025 bearing Crime No.0351/2024 dated: 19.12.2024 registered by the Respondent Police may be compounded. The same will not cause prejudice or loss to any person. In the event the instant application is not allowed, it will cause irreparable loss and prejudice to us and will directly affect our relationship. We state that the contents of this Joint accompanying affidavit from paragraph Nos.1 to 6 are true and correct to the best of our knowledge, belief and information. We state that we have understood the contents of this Affidavit and the same has been read to us and We state that this is our true name and signature.” 5. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 20.06.2025. (ii) The impugned proceedings / investigation pursuant to FIR in Crime No.351/2024 registered by the 1st respondent – Police for an offence punishable under Section 318 of BNS, 2023, pending on the file of X ACJM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.