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NC: 2025:KHC:6826 CRL.P No. 12483 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12483 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
MR. ROHIT ARORA, SON OF MR. KANWALJEET ARORA,
AGED ABOUT 42 YEARS,
RESIDING AT 1187/9,
HATIM TAI STREET,
HAKIMAN GATE,
AMRITSAR 143001
2.
MR. KANWALJEET ARORA, SON OF DEWAN CHAND,
AGED ABOUT 70 YEARS,
RESIDING AT 1187/9,
HATIM TAI STREET,
HAKIMAN GATE,
AMRITSAR 143001 …PETITIONERS (BY SRI. MOHAMMED SHAKEEB M MULLA, ADVOCATE)
AND:
1.
STATE BY BELLANDURU POLICE STATION, BANGALORE.
2.
AMARJEET KAUR, WIFE OF ROHIT ARORA,
AGED ABOUT 41 YEARS,
RESIDING AT A2001,
BHUMIRAJ IRAISAA,
SECTOR 19 SANPADA,
NAVI MUMBAI 400705 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1, SRI SATHIES KUMAR, ADV. FOR R2)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:6826 CRL.P No. 12483 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.26963 OF 2022 PENDING BEFORE THE HON’BLE XLI ADDL. CHIEF JUDICIAL MAGISTRATE AT BANGALORE (ANNEXURE-C AND D) ARISEN OUT OF CR.NO.19/2022 REGISTERED BEFORE THE BELLANDURU POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 R/W 34 OF IPC (ANNEXURE-A AND B) AGAINST THE PETITIONERS HEREIN.
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, petitioners have sought for the following reliefs:-
“Wherefore, petitioners most humbly prays that this Hon’ble Court may be pleased to quash the proceedings in C.C.No.26963/2022 pending before the Hon’ble XLI Additional Chief Judicial Magistrate at Bangalore (Annexure- C and D) arisen out of Crime No.19/2022 registered before the Bellanduru Police Station for the offences punishable under Section(s) 498A, 323, 504, 506 read with 34 of Indian Penal Code (Annexure-A and B), against the Petitioners herein, in the interest of justice and equity.”
2. Learned counsel for the petitioners – accused Nos. 1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 07.12.2024 duly signed by the petitioners, 2nd
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NC: 2025:KHC:6826 CRL.P No. 12483 of 2024
respondent and their respective counsel. The same is taken on record. 3. Petitioners – accused Nos. 1 and 2 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:-
JOINT AFFIDAVIT
“We, Mr. Rohit Arora, Son of Mr. Kanwaljeet Arora, Aged about 42 years, Mr. Kanwaljeet Arora, Son of Dewan Chand, Aged about 70 years, both are residing at: 1187/9, Hatim Tai Street, Hakiman Gate, Amritsar 143001 and Mrs.Amarjeet Kaur, Wife of Rohit Arora, Aged about 41 years, Residing at: A2001, Bhumiraj Iraisaa, Sector 19, Sanpada, Navi Mumbai 400705, do hereby solemnly affirm and state as follows:
1. I, the Respondent No.2 herein state that on 07.02.2022, 1 have lodged a Complaint against the Petitioners and the same was registered by the Respondent No.1 vide Cr.No.19 of 2022 for the offences punishable under Section(s) 498A, 504, 506 read with 34 of the Indian Penal Code against the Petitioners. 2. We state that on 19.08.2022 the Respondent has filed the Charge-Sheet and the case has now been numbered as C.C.No.26963/2022 for the offences punishable under Section(s) 498A, 323, 504, 506 read with
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NC: 2025:KHC:6826 CRL.P No. 12483 of 2024
34 of the Indian Penal Code pending on the file of XLI Additional Chief Metropolitan Magistrate at Bangalore. 3.
That the Petitioners and the Respondent No.2 herein state that on 29.11.2009, the Petitioner and the Respondent No.2 got married in accordance with Hindu Vedic rites at Amritsar, Punjab in the presence of the elders and well-wishers of our respective families. 4. I, the Respondent No.2 herein state that I am not desirous of pursuing with the proceedings in C.C.No.26963 of 2022 pending before the Hon'ble XLI Additional Chief Judicial Magistrate at Bangalore arisen out of Crime No.19/2022 registered before the Bellanduru Police Station for the offences punishable under Section(s) 498A, 323, 504, 506 read with 34 of the Indian Penal Code, against the Petitioners herein, due to my ongoing health issues and hereby seeking quashing of the same. 5. That the Petitioners and the Respondent No.2 state that the Petitioners and the Respondent No.2 have agreed to settle all their disputes related to the instant criminal proceedings. 6. That the Petitioners and the Respondent No.2 herein agree that they shall not initiate any legal proceedings against each other after the disposal of the instant legal proceedings. 7. That the offences alleged to have been committed by the Petitioners herein are compoundable with the permission of this Hon'ble Court and/or at the Instance of the victim, the Respondent No.2 herein. - 5 -
NC: 2025:KHC:6826 CRL.P No. 12483 of 2024
Wherefore, we humbly pray before this Hon'ble Court to kindly compound the offences and quash the proceedings in C.C.No.26963 of 2022 pending before the Hon'ble XLI Additional Chief Judicial Magistrate at Bangalore arisen out of Crime No.19/2022 registered before the Bellanduru Police Station for the offences punishable under Section(s) 498A, 323, 504, 506 read with 34 of the Indian Penal Code, against the Petitioners herein.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Joint Affidavit dated 07.12.2024.
(ii) All further proceedings in C.C.No.26963/2022 arising out of Crime No.19/2022 registered by the 1st respondent – Police for the offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC, pending on the file of XLI Addl.CJM, Bangalore, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.