Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3386 OF 2025 BETWEEN:
SMT. PRIYADARSHINI M, W/O. MADHU KUMAR, AGED ABOUT 31 YEARS, RESIDING AT NO.83, 10TH CROSS, GOVINDARAJNAGAR, VIJAYANAGAR, BENGALURU - 560 040 …PETITIONER (BY SMT. HARINI B.R., ADVOCATE) AND:
1.
STATE OF KARNATAKA, THROUGH GOVINDARAJANAGAR POLICE STATION, VIJAYANAGAR SUB-DIVISION, BENGALURU - 560 040 DULY REP BY SPP, KARNATAKA HIGH COURT, BENGALURU-560001.
DULY REP. BY HCGP, KARNATAKA HIGH COURT, BENGALURU.
2.
SRI. MADHU KUMAR, S/O. RAMU K., AGED ABOUT 31 YEARS, RESIDING AT NO.83, 10TH CROSS, GOVINDARAJNAGAR, VIJAYANAGAR, BENGALURU - 560 040 …RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NO.1;
SRI. GNANESH N.I., ADVOCATE FOR RESPONDENT NO.2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ARISING OUT OF FIRST INFORMATION REPORT IN CRIME NO.0316/2024 PENDING BEFORE 24TH ACMM, BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 506 OF THE INDIAN PENAL CODE, 1860 REGISTERED BY THE RESPONDENT NO.1 IN SO FAR AS PETITIONER CONCERNED HEREIN ONLY.
THIS PETITION, COMING ON FOR ORDERS, 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 reliefs:
“a) Quash the entire proceedings arising out of First Information Report in Crime No.0316/2024 PENDING BEFORE 24th ACMM, BENGALORE for the offences punishable under Section 420, 506 of Indian Penal Code 1860 registered by the Respondent No.1 in so far as petitioner concerned herein only. b) Pass such order/s, relief/s as this Hon'ble Court deems fit in the facts and circumstances of this case in the interest of justice."
2. Heard learned counsel for the petitioner and learned Addl.SPP for 1st respondent – State as well as learned counsel for 2nd respondent – complainant and perused the material on record.
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
3. A perusal of the material on record will indicate that the petitioner is the wife of 2nd respondent – complainant, who filed the impugned complaint dated 10.08.2024 registered as an FIR in Crime No.316/2024 for alleged offences punishable under Sections 420 and 506 of IPC against the petitioner – sole accused, who is before this Court by way of the present petition.
4.
Learned counsel for the petitioner and learned counsel for 2nd respondent – complainant jointly submit that they have amicably settled the dispute between themselves and the 2nd respondent has filed an application I.A.2/2025 along with an Affidavit and as such, the impugned proceedings may be quashed. The said application I.A No.2/2025 dated 09.06.2025 filed by the 2nd respondent under Section 359 Cr.P.C. r/w Section 528 of BNSS, 2023, duly signed by the 2nd respondent and his counsel, are taken on record.
5. Petitioner and 2nd respondent 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:-
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
APPLICATION PETITION UNDER SECTION 359 READWITH 528 OF THE BHARATHIYA NAGARIKA SURAKSHA SANHITA
"That the Petitioner and respondent No. 2 respectfully submits as follows:
1. That respondent No. 2 as filed a complaint against the petitioner herein before the Respondent No.1 police which came to be registered as Crime No. 0316/2024 dated 10.08.2024 for the offences punishable under Section 420 and 506 of Indian Penal Code, 1860.
BRIEF FACTS OF THE CASE:
2. It is submitted that, the respondent No. 2 filed a complaint before the respondent No. 1 that, alleging that he had married the petitioner herein on 27.09.2023 with the blessings of both the family members and on 01.10.2023 his first night ceremony was arranged, on that day he set to have observed difference in body and further said to have observed that petitioner stomach said to be increased. On being questioned the same, petitioner said to have picked up a quarrel and due to family respects, though he was aware that, petitioner has become pregnant well before marriage only, she said to have not revealed the same. On 06.02.2024 petitioner has given a birth to a female baby at HSIS Gosha Hospital, subsequently, named as Yashika. On this issue there were frequent quarrels between the respondent No. 2 and petitioner. It is submitted that, petitioner said to have threatened to committee suicide by writing death note
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
naming the respondent No. 2 and his parents. It is further alleged that, petitioner used to chat through whatsup with one Sri. Vinuth, who said to be her first husband, with whom the wife of the respondent No. 2 said to have shared baby's photo, which looks a like as Vinuth and he is having doubts over the who is the real father of the baby. It is further alleged that, petitioner said to have cheated him and said to have got baby by either one Sri. Vinuth or Vijay and requested to take suitable legal action against petitioner Smt. Priyadarshini. 3. That the respondent No. 2 respectfully submits that, after lodging the complaint, this Hon'ble Court has stayed the further investigation vide its interim order dated 11.03.2025. The respondent No. 2 respectfully submits that, the contents of the complaint and FIR in Crime No. 0316/2024 is in the nature of Civil and the respondent No. 2 realized that, it is a dispute between husband and wife and any grievance in the lis will be adjudicated before the competent Civil/Family Court. Though the respondent No. 2 has filed complaint which came to be registered in the above crime, he undertakes to settle or address his grievance before the competent Civil as well as Family Court. Hence, he is withdrawing complaint dated 10.08.2024 unconditionally.
As such the registration of the First Information Report in Crime No. 0316/2024 shall be quashed as the respondent No.2 withdraws his complaint dated 10.08.2024 filed before respondent No. 1. - 6 -
HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
4. That the respondent No. 2 respectfully submits that, he has entered into a compromise with the petitioner and he wishes to settle any grievance with his wife/petitioner before the competent Civil as well as Family Court. 5. That the respondent No. 2 respectfully submits that, he has filed this application seeking withdrawal of the complaint dated 10.08.2024 voluntarily, without any force, threat, coercion or fraud. WHEREFORE, the respondent No. 2 respectfully prays that this Hon'ble Court may be pleased to permit to withdraw his complaint dated 10.08.2024 which culminated in registration of First Information Report in Crime No. 0316/2024 for the offences punishable under Section 420 and 506 of Indian Penal Code and quash the entire proceedings in Crime No. 0316/2024, registered by the respondent No. 1 police, for the offences punishable under Section 420 and 506 of Indian Penal Code in the interest of justice."
6. In view of the aforesaid facts and circumstances and settlement arrived at between the parties, who have filed an application I.A No.2/2025 to this effect, I pass the following:
ORDER (i) Petition is hereby allowed in terms of application I.A.2/2025 dated 09.06.2025.
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HC-KAR NC: 2025:KHC:23957 CRL.P No. 3386 of 2025
(ii) The impugned proceedings arising out of FIR in Crime No.316/2024 registered by the 1st respondent-Police for offences punishable under Sections 420 and 506 of IPC, pending on the file of the 24th ACMM, Bengaluru City, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SMA/SRL List No.: 3 Sl No.: 0