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High Court of Karnataka · body

2025 DAILYLAW 54463 (KAR)

MR MADHUKAR M S v. THE STATE BY

CRL.P/9010/2025 · 2025-07-07

S R Krishna Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24571 CRL.P No. 9010 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9010 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR MADHUKAR M. S., S/O SHANMUKHA, AGED ABOUT 37 YEARS, R/AT NO. 114, 1ST CROSS, 4TH MAIN, NETHAJI NAGAR, MYSORE, SIDDARTHANAGAR, MYSURU – 570 011 …PETITIONER (BY SRI. SYED JAFFER MOHIYUDDIN, ADVOCATE) AND: 1. THE STATE BY THE STATION HOUSE OFFICER, KAMAKSHIPALYA POLICE STATION, 2. MRS. C. S. PRIYANKA, W/O SUDARSHAN, AGED ABOUT 40 YEARS, R/AT. NO.461, NEAR ASHOK PILLAR, 2ND BLOCK JAYANAGARA, BANGALORE – 560 009. …RESPONDENTS (BY SMT. R. SOWMYA, HCGP FOR R1; SRI. SRINIDHI BABU B., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT AGAINST THE PETITIONER IN FIR NO. 26/2025 FOR OFFENCE PUNISHABLE 318(4), 351(2), 352 OF BNS REGISTERED BY THE RESPONDENT NO.1 KAMAKSHIPALYA POLICE STATION PENDING ON THE FILE OF THE COURT OF XXIV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24571 CRL.P No. 9010 of 2025 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 seeks for the following relief: “Wherefore it is humbly prayed that this Hon’ble Court may be pleased to quash the FIR and Complaint against the petitioner in FIR No.26/2025 for offence punishable 318(4), 351(2), 352 of BNS registered by the Respondent No.1 Kamakshipalya Police Station pending on the file of the court of XXIV Additional Chief Judicial Magistrate, Bengaluru in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed an application I.A.2/2025 accompanied by an Affidavit of 2nd respondent both dated 07.07.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioner – accused No.1 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application I.A.2/2025, which reads as under:- - 3 - HC-KAR NC: 2025:KHC:24571 CRL.P No. 9010 of 2025 “APPLICATION UNDER SECTION 359(1) R/W 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 1. The respondent police have registered a complaint Cr.No.26/2025 for the offence punishable under Section 318(4), 351(2), 352 of BNS registered by the Respondent No.1 Kamakshipalya Police Station pending on the file of the Court of XXIV Additional Chief Judicial Magistrate, Bengaluru. 2. That being aggrieved by the order of cognizance and issuance of process, petitioners have preferred this criminal petition. 3. That upon intervention of well-wishers and friends the dispute between the petitioner and the 2nd respondent is amicably settled. The 2nd respondent consents to the quashing of the proceedings against the petitioner. 4. That the petitioner has agreed to cooperate with the 2nd respondent to release the gold of the 2nd respondent and has also agreed to make payment of Rs.3,00,000/- to the 2nd respondent as a full and final settlement. The 2nd respondent has agreed to these terms and has out of her own free will and consent decided to withdraw this case against the petitioner. 5. The settlements arrived between the petitioners and the 2nd respondent result of free will there is no coercion or force, fraud or any undue influence in settling the case. - 4 - HC-KAR NC: 2025:KHC:24571 CRL.P No. 9010 of 2025 Wherefore the Petitioners, 2nd respondent most humbly pray that this Hon’ble court may be pleased to permit the compounding of the case and quash the proceedings against the petitioner in Cr.No.26/2025 for the offence punishable under Section 318(4), 351(2), 352 of BNS registered by the Respondent No.1 Kamakshipalya Police Station pending on the file of the Court of XXIV Additional Chief Judicial Magistrate, Bengaluru.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application I.A.2/2025 accompanied by an Affidavit of 2nd respondent both dated 07.07.2025. (ii) Further proceedings arising out of Crime No.26/2025 registered by the 1st respondent – Police for offences punishable under Sections 318(4), 351(2), 352 of BNS, 2023, pending on the file of XXIV Addl.CJM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.