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2025 DAILYLAW 71454 (KAR)

MRS NISARGA M K v. STATE OF KARNATAKA

WP/7758/2025 · 2025-11-05

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45150 WP No. 7758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 7758 OF 2025 (GM-RES) BETWEEN: MRS. NISARGA M. K. W/O. MR. CHETHAN KUMAR. S, AGED ABOUT 27 YEARS, RESIDING AT NO. 962, 5TH MAIN, 7TH CROSS, D-GROUP LAYOUT, SRIGANDHADA KAVAL, BENGALURU - 560 091 …PETITIONER (BY SRI. MAHESHWARI D.M., ADVOCATE) AND: 1. STATE OF KARNATAKA KAMAKSHIPALYA POLICE STATION, REPTD. BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001 2. SMT. THANUSHREE. M.D. GOWDA, D/O. H. K. MANJUNATH, AGED ABOUT 24 YEARS R/AT NO. 61/02, 1ST MAIN, 2ND B CROSS, MAHADESHWARA TEMPLE ROAD, RANGANATHAPURA, KAMAKSHIPALYA, BANGALORE - 560 079 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 SRI. DHANANJAYA D.L., ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45150 WP No. 7758 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE UNDATED NOTICE ISSUED BY THE R-1 POLICE TO THE PETITIONER IN RESPECT OF PETITION NO.161/2025 (ANNX-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned counsel Sri. Dhananjay. D. L. has filed vakalath for respondent No.2. The same is placed on record. 2. Petitioner is aggrieved by the undated notice issued by the respondent No.1 / police (Annexure-A), wherein, she has been asked to appear before the police for the purpose of an enquiry in respect of a petition filed in the police station in petition No.161/2025. 3. A complaint dated 21.02.2025 is said to have been filed by respondent No.2 herein at Kamakshipalya Police Station, wherein certain personal allegations are - 3 - HC-KAR NC: 2025:KHC:45150 WP No. 7758 of 2025 made against the petitioner by the complainant. It appears that based on the said complaint, the police have issued notice at annexure-A, which is sought to be quashed. 4. The parties to the lis are present before the court. They have filed a joint application under Section 528 read with 529 of the BNSS 2023. Paragraph Nos. 8 to 11 of the joint application are extracted herein. 8. It is submitted that due to intervention of well-wishers, family and friends of the parties, both the parties have decided not to proceed with the cases / complaints filed against each other and give quietus to the litigation between them. 9. With free will and consent and without there any being force and threat, the parties have decided to withdraw all the allegations made against each other and their family members in the complaints/ cases filed by them before the court of Law and other Authorities, if any. Both the parties submit that they have not suffered any injury, whatsoever and there is no commission of any crime from either of the parties. - 4 - HC-KAR NC: 2025:KHC:45150 WP No. 7758 of 2025 10. Both parties submit that there has been no collusion or force, fraud or any undue influence entering into this compromise in the aforesaid manner. Similarly, both the parties have no claims, whatsoever against each other. 5. It is stated that the parties have resolved the disputes among themselves and therefore respondent No.2 is not interested in pursuing her complaint anymore. 6. The dispute is purely private in nature. In view of the settlement between the parties, it is expedient in the interest of justice to allow the petition and to quash the notice and complaint i.e., Annexures A and B. Accordingly be the following:- ORDER i) Petition is allowed. ii) The complaint / petition no.161/2025 dated 21.02.2025 at Annexure B, lodged by respondent No. 2 with - 5 - HC-KAR NC: 2025:KHC:45150 WP No. 7758 of 2025 respondent No.1 police and the notice at annexure A, issued by the police are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 2