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2025 DAILYLAW 33915 (KAR)

PRINSHU KUMAR v. STATE BY KARNATAKA

CRL.P/11038/2024 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11038 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: PRINSHU KUMAR S/O. ANIL KUMAR, AGED ABOUT 26 YEARS, R/AT FLAT NO. 001, BUILDWELL HOMES, BOREWELL ROAD, NALLURAHALLI, WHITEFIELD, BENGALURU-560 066. …PETITIONER (BY SRI. NATARAJ D., ADVOCATE) AND: 1. STATE BY KARNATAKA WHITEFIELD POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. K. SHILPA MANDAL D/O. KRISHNA KUMAR MANDAL, AGED ABOUT 25 YEARS, RESIDING AT SHRI BALAJI LADIES PG, BROOK FIELD, KUNDHANALLI, BENGALURU-56……. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R-1 SMT. MENAZ, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7765/2024 (CRIME NO.274/2024 OF WHITEFIELD PS) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 PENDING ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT FOR OFFENCE PUNISHABLE U/S 417 O IPC. 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:- “A. Quash the entire proceedings in C.C.No.7765/2024 (Crime No.274/2024 of Whitefield PS) pending on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural District for offences punishable under Section 417 of IPC. B. Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the ends of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint application along with affidavit of respondent No.2 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 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 contents of the Joint application and affidavit, which reads as under:- “JOINT APPLICATION UNDER SECTION 320 READ WITH SECTION 482 OF CR.P.C. The Petitioner and the Respondent No.2 jointly submit before this Hon'ble Court as follows: 1. The Respondent No.2 herein has lodged a complaint before the Respondent No. 1 Police registered the FIR and same is pending in CC No.7765/2024 (Crime No.274/2024 of Whitefield PS) pending on the file of the ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU for offences punishable under Section 417 of IPC. 2. The Petitioner and Respondent no.2 are good Friends they are settling the matter. 3. It is further submitted that the Petitioner state either the petitioner or Respondent No.2 will not interfere future in each other's works or family or relative or any etc., against each other. 4. The Petitioner and Respondent No.2 submit that at the intervention of well-wishers the Petitioner and Respondent No.2 are intending to compound the case and the Respondent No.2 is not intending to proceed further with the case against the petitioner. - 4 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 5. The Respondent No.2 further submits that there is no coercion or compulsion on her to compound the offence, but on her own freewill agreed to compound the case. Hence this application seeking kind permission of this Hon'ble Court to compound the offences. 6. There has been a lot of changes in the circumstances from the date on which the complaint was filed to this day and the circumstances now warrant that the petitioner and the victim lead a happy individual life. 7. The statements made in the accompanying application are true and correct to the best of our knowledge, information and belief and nothing has been concealed nor misrepresented and this is our name and signatures PRAYER WHEREFORE this Hon'ble Court may kindly be pleased to accord permission to compound the offence in CC No.7765/2024 (Crime No.274/2024 of Whitefield PS) pending on the file of the ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU City for offences punishable under Section 417 of IPC, as prayed for therein in the interest of justice and equity. AFFIDAVIT OF RESPONDENT NO.2 1. K.SHILPA MANDAL D/o Krishna kumar Mandal, Aged about 26 years, Residing at:- Shri Balaji Ladies PG, Brookfield Kundhanalli, Bengaluru-560066, and Currently - 5 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 Residing at:-No.27/67, Muthumariamma Kovil Street, Nvalar Nagar, Anna Nagar West, Tamil Nadu-600040, Today at Bengaluru hereby solemnly affirm and state on oath as follows: 1. I state that I am the Respondent No.2 in the above case and as such I am well conversant with the facts and circumstances of the case and accordingly I am swearing to this affidavit. 2. I state that I have filed a complaint against the petitioner in Cr.No.274/2024 of Whitefield police station on 29/04/2024 for the alleged offence punishable under section 417 of the Indian penal code 1860. 3.1 state that, I have settled the issued with the petitioner amicably and I have no objection to quash the proceedings in in CC.No.7765/2024 (Crime No.274/2024 of Whitefield PS) pending on the file of the ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU for offences punishable under Section 417 of IPC 4. I state, whatever stated in the compromise petition and in this affidavit are true and correct to the best of my knowledge and belief. Wherefore I pray before this Hon'ble court may be pleased to accept this affidavit and pass the order as accordance with law, in the interest of justice and equity.” - 6 - NC: 2025:KHC:8000 CRL.P No. 11038 of 2024 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 Application and affidavit of respondent No.2 dated 21.02.2025. (ii) The proceedings in C.C.No.7765/2024 (arising out of Crime No.274/2024 of 1st respondent – Police) registered for the offences punishable under Section 417 of IPC pending on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru City, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 3