- 1 - HC-KAR NC: 2025:KHC:26202 CRL.P No. 1821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1821 OF 2025 BETWEEN: R. SANDHYA @ SANDHYA SINGH, W/O PRAVEEN SINGH, AGED ABOUT 41 YEARS, R/AT NO.305, SVS PARADISE, 6TH CROSS, ALPHA GARDEN, KODIGEHALLI MAIN ROAD, AIYAPPA NAGARA, DEVASANDRA, BENGALURU – 36. …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY H.A.L POLICE STATION, BENGALURU DISTRICT. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. PADMAVATHI, W/O SATHISH SINGH, AGED ABOUT 45 YEARS, NO.002, CSR MARVEL, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26202 CRL.P No. 1821 of 2025 MLA LAYOUT, KALENA AGRAHARA, BENGALURU CITY – 01. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1; SRI.PRAVEEN KUMAR, ADVOCATE FOR R-2) *** THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.14/2025 REGISTERED BY THE HAL POLICE, FOR THE OFFENCE P/U/S 108, 3(5) OF BNS, 2023, PENDING ON THE FILE OF 29TH ACJM, MAYO HALL AT BENGALURU QUA THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL.P., 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 the following relief:- " WHEREFORE, it is prayed that this Hon'ble Court may be pleased to quash the proceedings in Crime No.14/2025 registered by the H.A.L. Police for the offence punishable under Section 108, 3(5) of the BNS, 2023, pending on the file of 29th ACJM, Mayo Hall, at Bengaluru qua the petitioner in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:26202 CRL.P No. 1821 of 2025 2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the respondent No.2, a de facto complainant is the mother of deceased Kum. Suhasi Singh, aged about 24 years. It is a matter on record that petitioner - accused No.2 is wife of one Praveen Singh who is arraigned as accused No.1 and is the uncle of the deceased Suhasi Singh. 4. Learned counsel for respondent No.2 and respondent No.2, who are physically present before this Court jointly submit that the impugned complaint which culminated in the impugned FIR had not been submitted by the respondent No.2 herself and that the same was taken/written by force at the behest of the Police authorities. It is further submitted by them that the respondent No.2 intends to withdraw the impugned complaint and liberty may be reserved in favour of - 4 - HC-KAR NC: 2025:KHC:26202 CRL.P No. 1821 of 2025 respondent No.2 to file a fresh complaint which may be directed to be registered as an FIR and investigated by a different Investigating Officer other than the Investigating Officer who is investigating the present case, as on today. 5. In view of the aforesaid facts and circumstances and the joint submission made by respondent No.2 and her learned counsel, I deem it just and appropriate to quash the impugned FIR and complaint and reserve liberty in favour of the respondent No.2 to file a fresh complaint and issue certain directions in this regard. 6. In the result, I pass the following: O R D E R i) Petition is hereby disposed of. ii) Impugned FIR and complaint dated 13.01.2025 in Crime No.14/2025, on the file of the H.A.L. Police Station, are hereby quashed. iii) Liberty is reserved in favour of respondent No.2 to file a fresh complaint before the concerned Police authorities who shall - 5 - HC-KAR NC: 2025:KHC:26202 CRL.P No. 1821 of 2025 proceed and register a fresh FIR and proceed further in accordance with law. iv) The investigation pursuant to the fresh complaint to be filed by respondent No.2, shall be done by any Investigating Officer other than the Investigating Officer conducting the investigation in Crime No.14/2025. It is needless to state that this order will not come in the way of the respondent No.2 prosecuting the W.P.FR No.21433/2025. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. Subject to the aforesaid directions and liberty reserved in favour of the respondent No.2, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 4