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2025 DAILYLAW 46023 (KAR)

SRI RAKESH PANIGRAHI v. STATE OF KARNATAKA

CRL.P/2172/2025 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7971 CRL.P No. 2172 of 2025 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. 2172 OF 2025 BETWEEN: 1. SRI. RAKESH PANIGRAHI S/O RAJESH PANIGRAHI AGED ABOUT 26 YEARS, R/AT GIDDPPA BUILDING, NEAR R.K. DABA OLD CHANDAPURA, ANEKAL, BANGALORE-560 099. 2. SMT. SANJUKTA PANIGRAHI W/O RAJESH PANIGRAHI AGED ABOUT 44 YEARS, R/AT GIDDAPPA BUILDING, NEAR R.K. DABA OLD CHANDAPURA, ANEKAL, BANGALORE-560 099 3. SRI. SUKUMAR DAS S/O SHANKAR SAN DAS AGED ABOUT 38 YEARS, R/AT GIDDAPPA BUILDING, NEAR R.K. DABA OLD CHANDAPURA, ANEKAL, BANGALORE-560 099 4. SRI. RAJESH PANIGRAHI S/O DHULESHWAR PANIGRAHI Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7971 CRL.P No. 2172 of 2025 AGED ABOUT 48 YEARS, R/AT GIDDAPPA BUILDING, NEAR R.K. DABA OLD CHANDAPURA, ANEKAL, BANGALORE-560 099 …PETITIONERS (BY SRI. HEMACHANDRA R. RAI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, BELLANDUR POLICE STATION, BANGALORE-560 103, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SRI. BALARAM SAHU S/O LATE BRAJABANDHU SAHU AGED ABOUT 50 YEARS, R/AT NO.208, NISARGA SAROVARA, 2ND FLOOR, SURYACITY, 1ST PHASE, CHANDAPURA, BANGALORE-560 099 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; SRI. UDAY KUMAR M., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.8078/2018 FILED BY THE 1ST RESPONDENT BELLANDUR POLICE AGAINST THE PETITIONERS FOR THE - 3 - NC: 2025:KHC:7971 CRL.P No. 2172 of 2025 ALLEGED OFFENCE P/U/S 363, 366, 366(a), 120(b), 109, 114 R/W 34 WHICH IS NOW PENDING BEFORE THE HONBLE XLI A.C.J.M AT BENGALURU. 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 prays this Hon'ble Court to be pleased to Quash the entire proceedings in CC.No.8078/2018 filed by the 1st Respondent Bellandur Police against the Petitioners for the alleged offences punishable under section 363, 366, 366(a), 120(b), 109, 114 R/w 34 which is now pending before the Hon'ble XLI Addl. Chief Judicial Magistrate at Bangalore further be pleased to grant other reliefs which this Hon'ble Court deems fit in the interest of justice.” 2. Learned counsel for respondent No.2 – complainant has filed an affidavit duly signed by respondent No.2 and his respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 4 and their counsel and counsel for respondent No.2 are physically present before the - 4 - NC: 2025:KHC:7971 CRL.P No. 2172 of 2025 Court and they admit the contents of the affidavit filed by respondent No.2, which reads as under:- “AFFIDAVIT We, Sri. Balaram Sahu S/o. late Brajabandhu Sahu aged about 50 years and Smt.Prajathi Sahu W/o. Balaram Sahu aged about 47 years we both are R/at No.208, NisargaSarovara apartment, 1st phase Suryacity, Chandapur, Anekal Taluk, Bangalore-560099 do hereby solemnly affirm and state on oath as follows:- 1. We state that, we are the parents of Smt.Manasmitasahu and the 1st petitioner is our son in law and petitioner no.2 and 4 are the father and mother of the 1st petitioner and petitioner no.3 is none other than the own brother of petitioner No.2 2. We state that, our daughter and 1st petitioner got married each other on 09/07/2024 and after the marriage both my daughter and son in law is residing happily without any disputes and now she is 8 months pregnant 3. We state that, as the 1st petitioner as already got married our daughter and both of them living happily and since from the date of the incident they are together residing happily, therefore we both are not interested to prosecute the above case and we have got no objections to allowing the petition filed by the petitioners WhereforeI pray before this Hon'ble Court to close the case by way of quashing the entire proceedings in - 5 - NC: 2025:KHC:7971 CRL.P No. 2172 of 2025 CC.No.8078/2018 which is now pending on the file of Hon'ble 41st ACMM at Bangalore against the petitioners in the interest of justice Whatever is stated in the above parasare true and correct to the best of our knowledge, information and belief/s" 4. In view of the afore-extracted affidavit filed by the second respondent, I pass the following: ORDER (i) The petition is disposed of. (ii) The proceedings in C.C.No.8078/2018 registered for the offences punishable under Sections 363, 366, 366(a), 120B, 109, 114 read with Section 34 of the IPC, pending on the file of the XLI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 3 Sl No.: 9 CT:SNN