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2025 DAILYLAW 74880 (KAR)

SRI TRIVENDER SINGH RATHORE v. THE STATE OF KARNATAKA

CRL.P/11083/2025 · 2025-07-31

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11083 OF 2025 C/W CRIMINAL PETITION NO. 11094 OF 2025 IN CRL.P NO. 11083/2025 BETWEEN: SRI. TRIVENDER SINGH RATHORE S/O LATE SHAMBHU SINGH RATHORE, AGED ABOUT 45 YEARS, RESIDING AT NO.121, 12TH FLOOR, OMEGA TOWERS, BEARYS LAKE SIDE HABITAT, SANJEEVANI NAGAR, HEBBAL, BANGALORE - 560 024. …PETITIONER (BY SRI. PRASAD K. R. RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH NORTH EAST WOMEN POLICE STATION, BANGALORE DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SUNITA SHEKAWAT W/O TRIVENDER SINGH RATHORE, AGED ABOUT 39 YEARS, RESIDING AT NO.121, 12TH FLOOR, OMEGA TOWERS, BEARYS LAKE SIDE, HABITAT SANJEEVANI NAGAR, HEBBAL, BANGALORE - 560 024. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. VENKATESH SOMAREDDI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE FIR IN CONNECTION WITH CRIME NO.10/2025 OF NORTH EAST WOMEN POLICE STATION, FOR THE OFFENCE P/US/ 85, 115(2), 351(3) AND 352 OF BNS 2023 AND SEC.3, 4 OF DP ACT 1961 PENDING ON THE FILE OF THE 41st ADDL. CJM BENGALURU AGAINST THE PETITIONER. IN CRL.P NO 11094 OF 2025 BETWEEN: SRI. TRIVENDER SINGH RATHORE S/O LATE SHAMBHU SINGH RATHORE, AGED ABOUT 45 YEARS, R/AT NO.121, 12TH FLOOR, OMEGA TOWERS, BEARYS LAKE SIDE HABITAT, SANJEEVANI NAGAR, HEBBAL, BANGALORE - 560 024. ...PETITIONER (BY SRI. PRASAD K. R. RAO, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 AND: 1 . THE STATE OF KARNATAKA THROUGH KODIGEHALLI POLICE STATION, BANGALORE DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2 . KUMARI MISHVIKA D/O SUNITA SHEKAWAT, AGED ABOUT 17 YEARS, R/AT NO.121, 12TH FLOOR, OMEGA TOWERS, BEARYS LAKE SIDE HABITAT, SANJEEVANI NAGAR, HEBBAL, BANGALORE - 560 024. REPRESENTED BY HER GUARDIAN/MOTHER SMT. SUNITA SHEKAWAT. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. VENKATESH SOMAREDDI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.107/2025 OF KODIGEHALLI P.S., FOR THE OFFENCES P/U/S 506, 504, 323, 342 OF IPC, 1860, U/S 75 OF J.J ACT, 2000, PENDING ON THE FILE OF 7th ACJM, BANGALORE, AGAINST THE PETITIONERS HEREIN. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner who is the husband and father of the complainants in both the petitions is seeking quashing of the proceedings in Crime Nos.10/2025 and 107/2025 respectively. 2. Crl.P.No.11083/2025 is filed seeking quashing of the proceedings pending in Crime No.10/2025 registered by the North East Women Police Station for the offence punishable under Section 85, 115(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 3 and 4 of the Dowry Prohibition Act, 1961 pending on the file of the 41st Additional Chief Judicial Magistrate, Bangalore. Crl.P.No.11094/2025 is filed seeking quashing of the proceedings pending in Crime No.107/2025 registered by the Kodigehalli Police Station for the offence punishable under Section 506, 504, 323, 342 of IPC and Section 75 of the Juvenile Justice Act, 2000 pending on - 5 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 the file of the 7th Additional Chief Judicial Magistrate, Bangalore. 3. These crimes are registered at the instance of the complaint lodged by the wife and daughter. 4. Today, applications seeking quashing of criminal proceedings by way of compromise under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed in both the captioned petitions. The accused and the complainants, who are respectively the wife and daughter of the petitioner, are personally present before this Court. On being interacted with, both complainants voluntarily submit that the disputes which led to the registration of the aforementioned criminal cases have now been amicably resolved through the intervention of elders and well-wishers from both sides. 5. It is further stated in the affidavits filed by the complainants that they have rejoined the petitioner and are now residing together under one roof. Both - 6 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 complainants have unequivocally affirmed that they do not wish to prosecute the petitioner any further and have undertaken to withdraw the criminal complaints filed against him. 6. The Court is satisfied that the settlement arrived at between the parties is genuine, voluntary, and without any element of coercion or undue influence. Considering the nature of the offences and in view of the restoration of domestic harmony, this Court is of the considered opinion that continuation of criminal proceedings would serve no fruitful purpose and would only be an impediment to the peaceful cohabitation of the parties. 7. In view of the above, this Court is inclined to exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to secure the ends of justice. - 7 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 8. Accordingly, this Court proceeds to pass the following: ORDER (i) Criminal petitions are allowed; (ii) The proceedings in: (a) Crime No.10/2025 registered by the North East Women Police Station for the offences punishable under Sections 85, 115(2), 351(3), and 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, which are pending on the file of the Court of the 41st Additional Chief Judicial Magistrate, Bangalore; and (b) Crime No.107/2025 registered by the Kodigehalli Police Station for the offences punishable under Sections 506, 504, 323, and 342 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which are pending on the file of the Court of the 7th Additional Chief Judicial Magistrate, Bangalore; - 8 - HC-KAR NC: 2025:KHC:29726 CRL.P No. 11083 of 2025 C/W CRL.P No. 11094 of 2025 stand quashed. (iii) The compromise petitions, along with the affidavits of the complainants, shall form part of the record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 69