Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39142 CRL.P No. 13502 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13502 OF 2025
BETWEEN:
1.
SRI. ARUL .D S/O DHARMAN AGED ABOUT 44 YEARS R/A NO.267, 4TH CROSS ANDHRA COLONY, A NARAYANAPURA MAHADEVAPURA, BENGALURU-562135. …PETITIONER
(BY SRI. RUDRAPPA .P, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH MAHADEVAPURA POLICE STATION BENGALURU-560212 REPRESENTED BY ITS S.P.P.
HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU-560001.
2.
SRI. VENKATESH R S/O RATHNAM AGED ABOUT 52 YEARS R/O NO.267, 4TH CROSS ANDHRA COLONY, A NARAYANAPURA MAHADEVAPURA, BENGALURU-562135 …RESPONDENTS
(BY SRI. ANOOP KUMAR, HCGP FOR R1;
MS. SOWMYA .S.B, ADVOCATE FOR R2)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39142 CRL.P No. 13502 of 2025
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER CRIME NO. 771/2024, MAHADEVAPURA POLICE STATION FOR THE OFFENCE P/U/S 109, 118(1), 352, 85 OF BNS IN C.C.NO.50528/2025 PENDING ON THE FILE OF HONBLE XXIX A.C.J.M COURT AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed by the sole accused/husband seeking quashing of the proceedings pending in C.C.No.50528/2025 for the offences punishable under Sections 109, 118(1), 352, 85 of BNS, 2023.
2. Today, an application is filed under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking leave of this Court to permit the parties to compound the offence. In the said application, it is specifically stated that the parties have amicably resolved their disputes and that respondent No.2’s daughter has rejoined the marital home of the petitioner/accused. It is further stated that she is now residing with her husband and is leading a
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HC-KAR NC: 2025:KHC:39142 CRL.P No. 13502 of 2025
cordial marital life. A joint affidavit to this effect has also been filed along with the application. Respondent No.2’s daughter is personally present before this Court. On being queried, she has confirmed that she has returned to her matrimonial home, resumed her marital life with the accused, has no grievance, and is being well taken care of by her husband.
3. Though the charge sheet indicates an offence under Section 307 of the Indian Penal Code, a perusal of the wound certificate as well as the observations made by this Court at the time of granting bail reveal that the injuries sustained by respondent No.2’s daughter were simple in nature. Now that the wife is before this Court and, through her father, the defacto complainant seeks to ensure that the reunion is not disturbed by the pendency of the criminal proceedings, this Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., finds it appropriate to extend indulgence. In the interest of securing the marital harmony of the parties and to
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HC-KAR NC: 2025:KHC:39142 CRL.P No. 13502 of 2025
facilitate a peaceful continuation of their relationship, the proceedings are liable to be quashed. Accordingly, the application filed in I.A. No.2/2025 is hereby allowed.
4. For the reasons stated supra, this Court proceeds to pass the following:
ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C.No.50528/2025 on the file of the learned XXIX Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 109, 118(1), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023, in so far as the petitioner is concerned, stand quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 5 Sl No.: 4