SURESH S/O SHEKHAPPA BHAJANTRI v. THE STATE OF KARNATAKA
CRL.P/104491/2025 · 2025-11-24
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49821 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49821 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16246 CRL.P No. 104491 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104491 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
SURESH S/O. SHEKHAPPA BHAJANTRI, AGE. 22 YEARS, OCC. AUTO DRIVER, R/AT. HUILAGOL, TQ. AND DIST. GADAG-582102. &PETITIONER (BY SRI. G.S. MOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580011. 2. VICTIM, R/AT. HUILAGOL, TQ. AND DIST. GADAG-582102. &RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI. HIRANKUMAR J.PATEL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED / PETITIONER AS IN GADAG RURAL POLICE STATION CRIME NO.226/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M) OF BNS, 2023 AND UNDER SECTION 4 AND 6 OF POCSO ACT-2012 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT GADAG IN SC. NO.19/2025(POCSO) AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:16246 CRL.P No. 104491 of 2025
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. Both the learned counsels appearing for the respective parties have filed a joint memo under Section 359(6) and (8) of Bharatiya Nagarik Suraksha Sanhita, 2023 stating that, the matter has been settled between the parties. 2. The averments of the joint memo reads as under; <1) That, the respondent no. 2 herein is the complainant and respondent no: 2 has filed a complaint against petitioner/accused on the false allegation on one or the other reasons before Gadag Rural Police Station in Crime No: 226/2024 for the offences punishable U/Sec. 137(2), 64(2) (m) of BNS, 2023 & Under Section 4 & 6 of POCSO Act-2012 pending on the files of Hon'ble Additional District and Sessions Judge, At Gadag in SC. No 19/2025(POCSO). The dispute as aroused between the petitioner & victim/respondent no. 2 has been amicably settled in view of their marriage & marriage was solemnized between petitioner & respondent on dated 31/10/2025 & same was registered before marriage Registrar, Gadag.
Now
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HC-KAR NC: 2025:KHC-D:16246 CRL.P No. 104491 of 2025
petitioner & victim have compromised the matter amicably & are willing to set aside their differences and stay as husband and wife. Hence in view of the same the petitioner has filed this petition quashing the further proceeding. 2) The petitioner and the respondent no. 2 had married now and the pending case is acting as hinderance to their marital life. The above case being personal in nature, accordingly to facilitate compounding of the said offence alleged by the respondent no: 2 against the petitioner herein the above-mentioned petition is filed. 3) The petitioner and victim being major want to live their lives as a married couple. Hence it is just and necessary to permit the petitioner and the victim to compound the said case instead of subjecting the petitioner to face the trial. 4) In view of the above settlement, the victim is filing the affidavit along with this Joint memo of compromise. THEREFORE, the petitioner / accused and the respondent no. 2 humbly prays that, this Hon'ble Court may kindly be pleased to allow the petition as prayed for and grant permission to compound the said offences and consequently QUASH the entire proceedings against the Accused / petitioner as in Gadag Rural Police Station Crime No: 226/2024 for the offences punishable U/Sec. 137(2), 64(2)(m) of BNS, 2023 & Under Section 4 & 6 of POCSO Act-2012 pending on the file Hon'ble Additional District and Sessions Judge, At Gadag in SC. No 19/2025(POCSO), in the interest of Justice.=
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HC-KAR NC: 2025:KHC-D:16246 CRL.P No. 104491 of 2025
3. Having considered the averments of the joint memo and also the ratio laid down by the Hon9ble Supreme Court in Mahesh Mukund Patel Vs. State of U.P and Others reported in 2025 SCC OnLine SC 614, it is appropriate to record the compromise as prayed for. 4. Accordingly, I proceed to pass the following:
ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in Crime No.226/2024 of respondent No.1/Police are hereby quashed.
iii) In view of the disposal of the petition, pending I.As, if any, are disposed off. Sd/- (S.RACHAIAH) JUDGE
PJ/CT: UMD List No.: 1 Sl No.: 50