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2025 DAILYLAW 32240 (KAR)

ADITYA PAI v. THE STATE BY

CRL.P/9358/2023 · 2025-02-11

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9358 OF 2023 BETWEEN: 1. ADITYA PAI S/O ANANDARAYA PAI M., AGED ABOUT 30 YEARS. 2. SMITA PAI, WIFE OF ANANDARAYA PAI M., AGED ABOUT 54 YEARS. BOTH ARE R/OF NO.202, VISHAL KUTEERA APARTMENTS, KATRIGUPPE MAIN ROAD, NEAR GANESHA TEMPLE, VIVEKANANDA NAGAR, BANGALORE-560 085 …PETITIONERS (BY SRI. DINESH RAO N., ADVOCATE) AND: 1. THE STATE BY CHENNAMMANAKERE ACHUKATTU POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 2. SMT. SANJANA BHAT WIFE OF ADITYA PAI, AGED ABOUT 24 YEARS, R/OF P-02, V.R. TERRANCE, 5TH FLOOR, 7TH MAIN, 7TH CROSS, NOBONAGAR, BANNERGHATTA ROAD, BANGALORE-560 076 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADD.SPP FOR R1; SRI. VIJAYENDRA D JOSHI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.278/2023 REGISTERED BY THE RESPONDENT NO.1, CHANNAMMANAKERE ACHUKATTU POLICE STATION, AGAINST THE PETITIONERS BY ALLOWING THIS PETITION IN 2ND ACMM COURT AT BANGALORE, U/S 498A, 312 R/W SEC. 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- - 3 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 "a) Peruse the legality and correctness of the registration of FIR against the petitioners, under offence Section - 498A, 312, read with Section-34 of IPC and quash the FIR in Crime No.278/2023 registered by the respondent No.1, Chennammanakere Achhukattu, Police Station, against the petitioners, by allowing this petition in 2nd ACMM Court at Bangalore. b) Grant such other equitable relief as this Hon'ble Court, deems fit to grant and proper in the facts and circumstances, of the case, in the interest of justice and equity." 2. Learned counsel for the respondent no.2 has filed an Affidavit duly signed by the respondent No.2 and her respective counsel and the same is taken on record. 3. Learned counsel for the petitioners is also present before the Court and admit the contents of the Affidavit, which reads as under:- “AFFIDAVIT I, Smt. Sanjana Bhat, wife of Aditya Pai, aged about 24 years resident of P-02, V.R. Terrace, 5th floor, 7th - 4 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 Main, 7th Cross, Nobonagar, Bannerghatta Road, Bangalore - 560 076, do hereby solemnly affirm and state on oath as follows: 1. I'am the respondent No.2 in the above petition and I know the facts of the case. 2. I had filed a complaint against the petitioners herein before the Chennammanakere Achhukattu Police making certain allegations against the Petitioners and there has been FIR in Crime No.278/2023. 3. I submit that I have reached to an understanding with petitioners and I and petitioner No.1 have already moved the Family Court for divorce by mutual consent in M.C.No.5706/2024 before the 1st Additional Judge, Family Court on 04.09.2024. The respondent No.2 submits that the respondent No.2 and petitioner No.1 have amicably settled the matter before the Karnataka Mediation Centre, Bengaluru on 25.09.2024, and reported the same before the Hon'ble I Additional Prl. Judge, Family Court at Bengaluru. - 5 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 4. I state that in view of the understanding reached between me and the petitioner No.1, I do not want to pursue my complaint with Police. 5. Therefore, I have no objection for allowing the above Petition by quashing the FIR in Crime No.278/2023 registered by the Chennammanakere Achhukattu Police. What is stated are true and correct." 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent before the Karnataka Mediation Centre, I pass the following: ORDER (i) The petition is disposed of in terms of Affidavit, dated 25.09.2024. (ii) The proceedings in Crime No.278/2023 registered by respondent No.1, Channammanakere Achukattu Police Station, registered for the offences punishable under Sections 489A, 312 r/w 34 of IPC, - 6 - NC: 2025:KHC:6197 CRL.P No. 9358 of 2023 insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE JJ List No.: 2 Sl No.: 12 CT:SNN