- 1 - HC-KAR NC: 2025:KHC:25270 CRL.P No. 9507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9507 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: HEMANTH @ HEMANTH KUMAR V S/O. VEERAKEMPAIAH, AGED ABOUT 27 YEARS, R/AT MAGADI MAIN ROAD, CHANNENAHALLI, KADABAGERE POST, BENGALURU-562 130. …PETITIONER (BY SRI. MADAN K S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TAVAREKERE POLICE STATION, MAGADI, RAMANAGARA, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. NINGAMMA W/O. VENKATACHALAIAH, AGED ABOUT 80 YEARS, R/AT NEAR CHAMUNDESHWARI AGARBATTI FACTORY, JATTIPALYA TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. ABHISHEK.R.HUDDAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED FIR DATED 13.06.2025 REGISTERED BY THE RESPONDENT-1 TAVARAKERE POLICE STATION IN CRIME NO.187/2025 AT ANNEXURE-A, PURSUANT TO THE COMPLAINT DATED 13.06.2025 FOR THE OFFENCES P/U/S 309(4) OF BNS 2023, PENDING ON THE FILE OF THE HONBLE COURT OF 2ND ADDL.CIVIL JUDGE AND JMFC, MAGADI. . Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25270 CRL.P No. 9507 of 2025 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 relief: “WHEREFORE, The petitioner named above, humbly pray that this Hon’ble Court may be pleased to quash the impugned FIR dated:13.06.2025 registered by the Respondent No.1- Tavarekere Police Station in Crime No.187/2025, at Annexure-A, pursuant to the Complainant dated: 13.06.2025 for the offences punishable under Section 309(4) of Bharatiya Nyaya Sanhita, 2023, pending on the file of the Hon’ble Court of 2nd Additional Civil Judge and JMFC, Magadi, and grant such other reliefs as this Hon’ble Court as this Hon’ble Court deems fit in the facts and circumstances of the case to meet the ends of justice.” 2. Learned counsel for 2nd respondent has filed an Affidavit of 2nd respondent – complainant dated 09.07.2025 duly signed by the 2nd respondent and her counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court - 3 - HC-KAR NC: 2025:KHC:25270 CRL.P No. 9507 of 2025 and they admit the contents of the aforesaid Affidavit of 2nd respondent, which reads as under:- AFFIDAVIT “ I. Smt. Ningamma, W/o Sri. Venkatachalappa, aged about 80 years, Near Chamundeshwari, Agarvatti Factory, Jattipalya, Tavarekere Hobli, Bengaluru South Taluk , Bengaluru – 562 130, do hereby solemnly affirm on oath as follows: 1. I state that the present petition has been filed the Petitioner seeking quashing of FIR No.187/2025 registered by Respondent No.1 for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 2. I respectfully submit that on 13.06.2025, when a few unknown persons committed the alleged offence, the Petitioner was also present at the scene. As I was acquainted only with the Petitioner, I informed Respondent No.1 that the Petitioner was present at the scene of the incident. 3. I state that Respondent No.1 has fabricated the complaint and has arrested the Petitioner by making allegations unilaterally and arbitrarily. The actual culprits who are strangers and responsible for the alleged act have neither been named nor traced by Respondent No.1 4. I was informed by my neighbors that only the Petitioner has been arrayed as an accused in FIR No.187/2025, and no other person has been apprehended in - 4 - HC-KAR NC: 2025:KHC:25270 CRL.P No. 9507 of 2025 connection with the case. Respondent No.1 has also informed me that my manglya chain has been recovered and that I am required to file an appropriate application before the Learned Trial Court for its return. 5. I state that the Petitioner I innocent and has been falsely implicate in the criminal proceedings at the behest of Respondent No.1 6. I further submit that I have informed the Petitioner’s parents about the Petitioner’s innocence and about the fact that the complaint is fabricated by Respondent No.1. I have also apprised them that Respondent No.1 obtained my signature on multiple documents without disclosing the contents thereof. 7. As my mangalya chain has already been recovered and I have filed the necessary application before the Learned Trial Court for its return, I do not wish to pursue the present case any further. Being of advanced age and having raised the Petitioner myself, I do not intend tot cause any hardship or obstruction to the Petitioner’s future. Accordingly, I express my willingness to compound the offence alleged against the Petitioner which I reiterate is based on a complaint that has been fabricated by Respondent No.1 8. I therefore humbly pray that this Hon’ble Court may be pleased to issue appropriate directions to the Learned II Additional Civil Judge and JMFC, Magadi, to expeditiously consider and pass necessary orders for the - 5 - HC-KAR NC: 2025:KHC:25270 CRL.P No. 9507 of 2025 release and return of my mangalya chain seized by Respondent No.1 and produced before the said Court. 9. In view of the above, it is humbly prayed that this Hon’ble Court may be pleased to compound the offence alleged against the Petitioner, in the interest of justice. WHEREFORE, What is stated above are all true and correct to the best of my knowledge, belief and information.” 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 Affidavit dated 09.07.2025. (ii) Further proceedings pursuant to FIR in Crime No.187/2025 registered by the 1st respondent – Police for an offence punishable under Section 309(4) of BNS, 2023, pending on the file of II Addl.Civil Judge and JMFC, Magadi, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.