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2025 DAILYLAW 31085 (KAR)

PRISCILLA v. STATE OF KARNATAKA

CRL.P/9679/2025 · 2025-07-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9679 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: PRISCILLA, AGED ABOUT 56 YEARS RESIDING AT EAST E 15, TRINITY ACRES AND WOODS, SARJAPUR ROAD, BANGALORE SOUTH BANGALORE – 560 102 …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT PS REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001 2. DR. KRISHNA SUSRUTH C., S/O SRIRAMULU REDDY AGED ABOUT 29 YEARS NO.926, 22ND CROSS, 5TH MAIN, SECTOR, HSR LAYOUT, BENGALURU CITY – 560 102 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP A/W SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. ARPITH KUMAR K. N., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 04.04.2025 FILED BEFORE THE RESPONDENT P.S, IN CR.NO.126/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 308(2), 351(2), 352 R/W 3(5) OF BNS PENDING ON THE FILE OF 39TH ACMM COURT, BANGALORE. 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 above name petitioner humbly prays before this Hon'ble Court that this Court may be pleased to quash the FIR dated 04.04.2025 filed before the respondent police station in crime Cr.No.126/2025 for the offences punishable under Section 308(2), 351(2), 352 r/w 3(5) of BNS pending on the file of 39th Addl. CMM Court, Bangalore In the interest of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Memorandum of Compromise Petition and Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the - 3 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 contents of the Joint Memorandum of Compromise Petition and Joint Affidavit, which reads as under:- “MEMORANDUM OF COMPROMISE PETITION BY WAY OF JOINT MEMO FILED UNDER SECTION 528 of BNSS I Priscilla, D/o T.D.Ellis, Aged about 56 Years, R/a No.E 15, Trinity Acres and Woods, Opposite to drops, Sarjapura road, Bangalore South, HSR Layout, Bangalore- 560102 the petitioner and I Dr Krishna Susruth C, S/o Sriramulu Reddy, Aged about 29 years, No.926,22nd cross, 5th Main, Sector, HSR Layout, Bengaluru City-560102 the respondent.no.2 do hereby state as follows: 1. It is submitted, the petitioner and the complainant who is Respondent. No.2 are well conversant with the facts and circumstances of the above petition, and hence we are swearing this joint meто. 2. It is submitted that that the petitioner is arrayed as Accused.no.2 in Cr.no.0126/2025 for the offence punishable under Section 308(2),351(2),352 r/w 3(5) of BNS. 3. It is submitted that that the above petition is filed by the petitioner praying to quash the FIR dated 04.04.2025 registered before respondent.no.1 police station in Cr.no.0126/2025 for the offence punishable under Section 308(2),351(2),352 r/w 3(5) of BNS. 4. It is submitted that that, due to the intervention of well-wisher we have amicably arrived at a Compromise. - 4 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 5. It is submitted that that the in view of the compromise arrived between the petitioner and respondent.no.2, the respondent.no.2 has duly agreed to withdraw the case filed by him against the petitioner in Cr.no.0126/2025 which is registered before Respondent. No.1 police for the offence punishable under Section 308(2),351(2),352 r/w 3(5) of BNS. 6. It is submitted that that, due intervention of well- wishers we entered into compromise, said compromise is entered into by us with our own will and there is no coercion of undue pressure created by any third parties to enter into this compromise. 7. It is submitted that both the parties state that the petitioner and Respondent.No.2 have no other claims of whatsoever nature against each other past, present or further. 8. It is submitted that that, if this compromise petition is not accepted we will be put to greater hard ship and inconvenience which cannot be compensated in any manner. WHEREFORE, we pray that this Hon'ble court be pleased to accept this compromise petition by way of Joint Memo to Quash the FIR dated 04.04.2025 registered before respondent.no.1 police station in Сr.по.126/2025 for the offence punishable under 308(2),351(2),352 r/w 3(5) of BNS pending on the file of the Ld. 39th Addl. CMM Court, Bangalore to meet the ends of Justice. - 5 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 JOINT AFFIDAVIT I Priscilla, D/o T.D.Ellis, Aged about 56 Years, R/a No.E 15, Trinity Acres and Woods, Opposite to drops, Sarjapura road, Bangalore South, HSR Layout, Bangalore- 560102 the petitioner and I Dr Krishna Susruth C, S/o Sriramulu Reddy, Aged about 29 years, No.926,22nd cross, 5th Main, Sector, HSR Layout, Bengaluru City-560102 the respondent.no.2 do hereby solemnly affirm and state on oath as under: 1. We state that, we are well conversant with the facts and circumstances of the above petition, and hence we are swearing this Affidavit. I further state that the joint memo filed with this affidavit may be read as part and parcel of this affidavit. 2. We state that I the petitioner is arrayed as Accused.no.2 in Cr.no. 126/2025 for the offence punishable under 308(2),351(2),352 r/w 3(5) of BNS. 3. We state that the above petition is filed by me the petitioner praying quash the FIR dated 04.04.2025 registered before respondent.no.1 police station in Cr.no.0126/2025 for the offence punishable under Section 308(2),351(2),352 r/w 3(5) of BNS. 4. We further state that, due to the intervention of well- wisher we have amicably arrived at a Compromise, we both have intend to resolve the matter by way of compromise. - 6 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 5. We further state that the in view of the compromise arrived between us, I the respondent .no.2 has duly agreed to withdraw the case filed against the petitioner before Respondent.No.1 police in Cr.no.0126/2025 for the offence punishable under Section 308(2),351(2),352 r/w 3(5) of BNS. 6. We state that, due intervention of well-wishers we entered into compromise, said compromise is entered into by us with our own will and there is no coercion of undue pressure created by any third parties to enter into this compromise. 7. We state that, if the accompanying joint memo is not accepted we will be put to greater hard ship and inconvenience which cannot be compensated in any manner. 8. It is submitted that that if the accompanying joint memo is not allowed a lot of hardship will be caused us. WHATEVER is stated above is true and correct to the best of my knowledge and belief.” 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 Memorandum of Compromise Petition and Joint Affidavit dated 09.07.2025. - 7 - HC-KAR NC: 2025:KHC:25122 CRL.P No. 9679 of 2025 (ii) The Complaint / FIR in Crime No.126/2025 dated 04.04.2025 of respondent No.1 Police Station registered for the offences punishable under Sections 308(2), 351(2), 352 read with Section 3(5) of BNS pending on the file of the 39th Additional CMM Court, Bengaluru, in relation to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 4