- 1 - HC-KAR NC: 2025:KHC:33510 CRL.P No. 11634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11634 OF 2025 BETWEEN: SRI. SANTHOSH KUMAR V S/O VENKATARAMEGOWDA, AGED ABOUT 39 YEARS, R/A: HARATI VILLAGE AND POST, HUTTUR HOBLI, HARATI, KOLAR, KARNATAKA - 563 101. …PETITIONER (BY SMT. ARCHITA, ADVOCATE FOR SRI. MAHESH Y L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MS. VIDYASHREE S B, D/O BOREGOWDA, AGED ABOUT 27 YEARS, R/AT NO.08, 4TH CROSS, NEAR LAKSHMI KRISHNA APARTMENT, BEML 3RD STAGE, RAJARAJESHWARI NAGARA, BENGALURU - 560 098. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33510 CRL.P No. 11634 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO A. QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT POLICE (CHANDRA LAYOUT P.S) IN CR.NO.209/2025 AGAINST THE PETITIONER/ACCUSED FOR THE O/P/U/S 64(1), 318(4), 115(2), AND 351(2) OF THE BNS, 2023 PENDING ON THE FILE OF THE HON'BLE 46TH ACMM, NRUPATUNGA ROAD, BENGALURU VIDE ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioner/accused seeking quashing of the proceedings in Crime No.209/2025 registered by the respondent/Police for the offences punishable under Sections 64(1), 318(4), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Today, an application is filed under Section 528 read with Section 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/accused seeking permission to compound the offence. Along with the application, a joint affidavit sworn to by both the petitioner/accused and respondent No.2/complainant has been placed on record. - 3 - HC-KAR NC: 2025:KHC:33510 CRL.P No. 11634 of 2025 3. Respondent No.2/complainant is present before this Court. On specific query, she submits that no pressure or coercion has been exerted upon her to enter into a compromise with the petitioner. She further states that she has voluntarily appeared before respondent No.1/Police and tendered a written representation seeking closure of the complaint earlier lodged by her, wherein she admitted that the allegations made against the petitioner were false and were made under external pressure. She also acknowledges that the complaint was lodged as a counterblast to the termination order issued by the petitioner/employer. She has now unequivocally withdrawn all the allegations. 4. This Court notices that despite respondent No.2 having submitted a written representation to the Investigating Officer on 24.06.2025, no action was taken thereon. Owing to such inaction, the petitioner and respondent No.2/defacto complainant have approached this Court seeking closure of the proceedings. - 4 - HC-KAR NC: 2025:KHC:33510 CRL.P No. 11634 of 2025 5. On perusal of the records, this Court finds that the registration of the present crime was an outcome of the termination order issued by the employer. Since the dispute is essentially between employer and employee, mere lodging of a criminal complaint with exaggerated allegations of sexual assault, without substantiating material, cannot be allowed to continue as a criminal prosecution. 6. Respondent No.2, who is present, has categorically submitted that she has withdrawn all allegations by way of a written representation before the Investigating Officer. She has also sworn to an affidavit reaffirming withdrawal of all allegations relating to sexual assault. 7. In view of the statement made by respondent No.2, and having regard to the peculiar facts and circumstances of this case, this Court is of the considered opinion that continuation of proceedings would amount to - 5 - HC-KAR NC: 2025:KHC:33510 CRL.P No. 11634 of 2025 abuse of process. Though the offences are non- compoundable, this Court, in exercise of inherent jurisdiction under Section 482 Cr.P.C., deems it fit to quash the proceedings in order to secure the ends of justice. 8. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings in Crime No.209/2025 registered by the respondent/Police for the offences punishable under Sections 64(1), 318(4), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, pending before the 46th Additional Chief Metropolitan Magistrate, Nrupatunga Raod, Bengaluru, insofar as the petitioner is concerned, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 53