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2025 DAILYLAW 46424 (KAR)

SRI. SUHAS V v. THE STATE OF KARNATAKA

CRL.P/9237/2023 · 2025-02-25

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8594 CRL.P No. 9237 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9237 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. SUHAS V., S/O SRI VIJAYA KUMAR, AGED ABOUT 21 YEARS, OCC. STUDENT, R/O NO.6/1, NEW TIMBER YARD LAYOUT, TELECOM LAYOUT, MYSORE ROAD, BANGALORE – 560 026. …PETITIONER (BY SRI. BHARATHI G. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HANUMANTHANAGAR POLICE STATION, REP BY HCGP, HIGH COURT BUILDING, BANGALORE – 01. 2. SMT. SUMITHRA, W/O P. NARASIMHA,, OCC. ADVOCATE, AGED ABOUT 43 YEARS, R/O NO.169, ANANTHARAMAIAH COMPOUND, MYSORE ROAD CIRCLE, BANGALORE – 560 018. …RESPONDENTS (BY SRI. THEJESH, HCGP R-1 SRI. M. CHALAPATHI, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE RESPONDENT NO.1 HANUMANTHA NAGAR POLICE AGAINST THE PETITIONER U/S 120B, 384, 506, 511 R/W SEC. 34 OF Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8594 CRL.P No. 9237 of 2023 IPC AND PENDING BEFORE THE COURT XXIV ADDITIONAL CMM COURT, BANGALORE IN C.C.NO.16797/2022. 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, petitioner has sought for the following relief:- “It is therefore prayed that, this Hon’ble High Court be pleased to quash the entire charge sheet filed by the respondent no.1 Hanumanthanagar police against the petitioner U/sec 120b, 384, 506, 511 R/w Section 34 of IPC and pending before the court of XXIV Additional CMM Court, Bengaluru in C.C.No.16797/2022, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.4 and learned counsel for respondent No.2 – complainant have filed an application under Section 359 r/w. Section 528 of the BNSS Act, dated 25.02.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioner – accused No.4, respondent No.2 - complainant are physically present before the Court along with their respective counsel and they admit the contents of the aforesaid application, which reads as under:- - 3 - NC: 2025:KHC:8594 CRL.P No. 9237 of 2023 “APPLICATION FILED UNDER SECTION 359 R/W SECTION 528 OF THE BNSS ACT. The Petitioners and Respondent No.2 jointly submit before this Hon'ble court as follows: 1. The Respondent No.2 has lodged a complaint dated 28-03-2022 before the Respondent No.1 Police which came to be registered as Cr.No.70/202 and further charge sheet was filed against the petitioner and others in C.C.No.16797/2022 on the file of the XXIV Additional Chief Metropolitan Magistrate, at Bengaluru by the Respondent No.1 for the offences punishable under Sections 120B, 384, 506, 511 R/w 34 of the Indian Penal Code. 2. The Petitioner and the 2nd Respondent submit that at the intervention of well-wishers, the Petitioner and the 2nd respondent are intending to compound the case and the complainant / 2nd Respondent is not intending to proceed further with the case against this Petitioner. 3. The Petitioner / Accused No.4 is of tender age, who has just now completed his MBA and is searching for a job and the 2nd respondent / Complainant is also a lady carrying on her profession as an Advocate at Bengaluru. Thus this case should not spoil the prosperous future of the petitioner. Thus on humanitarian ground and in the better interest of the Petitioner / Accused No.4 and the 2nd respondent, they are entering into this compromise deed. 4. There has been a lot of changes in the circumstances from the date on which the complaint was - 4 - NC: 2025:KHC:8594 CRL.P No. 9237 of 2023 filed to this day and the circumstances now warrant that the petitioner / Accused No.4 and the complainant / 2nd Respondent decided to get settled the matter amicably, with the kind permission of this Hon'ble court. 5. The Complainant / 2nd respondent submits that there is no coercion or compulsion on her to compound the offences and on her free will agreed to compound the case. Hence this application seeking kind permission of this Hon'ble court to compound the offences. Wherefore, this Hon'ble court be pleased to accord permission to compound the offences in Cr.No.70/ 2022 and further charge sheet filed against the Petitioners / Accused No.4 in C.C.No.16797/2022 PENDING ON THE FILE OF THE XXIVth Additional Chief Metropolitan Magistrate, Bengaluru, under Sections 120B, 384, 506, 511 R/w 34 of the Indian Penal Code and consequently be pleased to allow the Petition filed under Section 482 of the Code of Criminal Procedure as prayed for there in the interest of justice and equity.” 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 the application filed under Section 359 r/w. Section 528 of the BNSS Act, dated 25.02.2025. - 5 - NC: 2025:KHC:8594 CRL.P No. 9237 of 2023 (ii) The proceedings in C.C.No.16797/2022 (arising out of Crime No.70/2022 of 1st respondent – Police) registered for the offences punishable under Sections 120-B, 384, 506, 511 r/w. Section 34 of IPC, pending on the file of the XXIV Additional CMM Court, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 10