SRI. VINAYAKA TUKARAM BHOSLE v. STATE OF KARNATAKA
CRL.P/14033/2025 · 2025-10-14
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56065 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56065 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14033 OF 2025
BETWEEN:
SRI. VINAYAKA TUKARAM BHOSLE AGED ABOUT 24 YEARS S/O TUKARAM BHOSLE R/AT NO.18, 1ST MAIN NETHRAVATHI ROAD, MARUTHINAGAR, CHANDRA LAYOUT, BENGALURU-560072, KARNATAKA. …PETITIONER (BY SRI. LALITH KUMAR R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION BENGALURU CITY, REP. BY HCGP, SPP OFFICE, HIGH COURT BUILDING AT BENGALURU-560 001.
2.
NISHA D SOUZA D/O JEROLD D’SOUZA AGED ABOUT 24 YEARS R/AT NO.52, SHARAVATHI STREET NAGAPPA REDDY LAYOUT RAMURTHY NAGAR BANGALORE-560016. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1/STATE;
SRI. RITHWIK BALANAGARAJ, ADVOCATE FOR R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.247/2025, PENDING CONSIDERATION ON THE FILE OF THE 46TH ACMM, AT BENGALURU, REGISTERED BY CHANDRA LAYOUT P.S FOR THE OFFENCES UNDER SECTIONS 64 AND 318(2) OF BNS 2023 AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner/sole accused in Crime No.247/2025 of Chandra Layout Police Station, Bengaluru City registered for the offence punishable under Section 64, 318(2) of BNS, 2023 has preferred this petition seeking to quash the FIR and the consequent proceedings pending on the file of the 46th Additional Chief Metropolitan Magistrate, Bengaluru.
2. As per the complaint lodged by respondent No.2, she was working in Creatigrity Tech Private Limited as a HR Trainee and the petitioner was a co-worker, working as a HR trainee. It is alleged that the petitioner
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
forced her to have a sexual relationship with him and later when she conceived, she reported the matter to his parents, but they denied the relationship and threatened her etc.
3. A memo has been filed along with the joint affidavit of the parties which reads as under:
“1. Sri. Vinayaka Tukaram Bhosle, Aged about 21 years, S/o Tukaram Bhosle, R/@ No.18, 1st Main, Nethravathi Road, Maruhinagar, Chandra layout, Bengaluru-560072 being the Petitioner 1 No.52, Sharavathi Street, Nagappa Reddy Layout, Ramurthy Nagar, Bangalore-560016, being the Respondent No.2 Karnataka do hereby solemnly affirm on oath and state as follows :-
1. We submit that, First of us is the Petitioner and Second of us are the Respondents No.2, respectively, in the above case and as such we know the
facts and circumstances of the above case and hence, we are swearing this affidavit. - 4 -
HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
2. That the complainant/Respondent No.2 had lodged a complaint against the accused/Petitioner, resulting in registration of FIR in Cr.No.0247/2025 dated 16.06.2025, under Sections 64 & 318(2) of the BNS at Chandra Layout Police Station, Bengaluru. 3. After due discussion and the blessings of well-wishers, myself and the Petitioner have married each other and hence I am not willing to continue the case against the Petitioner & I have no objection to quash the entire proceedings against the Petitioners. 4. That during the pendency of proceedings, both parties have resolved the dispute amicably and voluntarily, without any force, coercion, or undue influence. 5. That I, the Second Respondent, state that I have now conceived and am currently 4 months into the pregnancy period and hence decide to withdraw my allegations towards the best interests of our child. - 5 -
HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
6. I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioner and realized that pending of the proceedings would hamper his future along with our child's also and hence desired to withdraw our allegations made against the Petitioner and close the case on our own will and volition. 7. I, the Second Respondent further state that since all disputes between me and Petitioner are settled in full, I am are not willing to prosecute our complaint against the Petitioners and have no objection to quash the of FIR in Cr. No.0247/2025 dated 16.06.2025, under Sections 64 & 318(2) of the BNS at Chandra Layout Police Station, Bengaluru, now pending before 46th Addl. Chief Metropolitan Magistrate, Bangalore. 8. We state that in view of the mutual settlement of all disputes pending between us, we have no grievances or claim against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, seeking to quash
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
the case in of FIR in Cr. No.0247/2025 dated 16.06.2025, under Sections 64 & 318(2) of the BNS at Chandra Layout Police Station, Bengaluru, now pending before 46th Addl. Chief Metropolitan Magistrate, Bangalore. 9.
We state that we have no further claims and counter claims on ear other as all disputes and claims are settled in full and final.”
4. Petitioner and respondent No.2 are present before the petitioner. Respondent No.2 submits that the dispute has been amicably resolved without any force or coercion or undue influence and she is not interested in pursuing the matter any further. 5. Admittedly, respondent No.2/defacto complainant is a major aged about 24 years. It is stated in the joint affidavit that petitioner and respondent No.2 are now married and therefore, respondent No.2 is not
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
willing to continue the case against the petitioner and has no objection to quash the proceedings. 6. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), it is held by the Apex Court that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements, even if the offences are non-compoundable and if it is satisfied that the parties have settled the same amicably without any pressure.’
7. The material on record would reveal that the relationship between the parties is consensual which is now culminated in the marriage, as stated in the joint affidavit. The parties have amicably settled the dispute. In the peculiar facts and circumstances of the case, no purpose will be served in continuing the criminal prosecution initiated against the petitioner. Hence, in the
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HC-KAR NC: 2025:KHC:40620 CRL.P No. 14033 of 2025
interest of justice, it is just and proper to quash the proceedings. Accordingly, the following:
ORDER Petition is allowed. The entire proceedings arising out of Crime No.247/2025 of Chandra Layout Police Station, Bengaluru City pending before the 46th Additional Chief Metropolitan Magistrate at Bengaluru registered for the offence punishable under Section 64 and 318(2) of BNS, 2023 are quashed. I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 92