- 1 - HC-KAR NC: 2025:KHC:39017 WP No. 29119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29119 OF 2025 (GM-RES) BETWEEN: SRI. AMITH SATHEESAN NAIR, S/O. SRI. SATHEESAN NAIR, AGED ABOUT 32 YEARS, RESIDING AT PLOT NO. 27, RADHEYA APARTMENTS, BHOGE LAYOUT, TRIMURTHI NAGAR, NAGPUR, MAHARASHTRA - 440022. …PETITIONER (BY SRI. ARUNACHALAM SHIVAKUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HULIMAVU POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560001. 2. PARVATHY MOHAN, AGED ABOUT 31 YEARS, 16, REHOBOTH, 5TH MAIN, AKSHAYA NAGAR, BENGALURU CITY, KARNATAKA - 560068. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI MANOJ K., ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39017 WP No. 29119 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE FIR AND COMPLAINT FOR THE OFFENCES PUNISHABLE UNDER SECTION 69 OF BNSS DATED 22/01/2025 IN CR. NO. 0020/2025 REGISTERED ON 22.01.2025 AT HULIMAVU POLICE STATION, BENGALURU, AND ALL CONSEQUENTIAL PROCEEDINGS ARISING THEREFROM. THE CERTIFIED COPY OF FIR DATED 22.01.2025 IN CR. NO. 0020/2025 IS ANNEXED HEREWITH AS ANNEXURE A. THE CERTIFIED COPY OF THE COMPLAINT DATED 22.01.2025 IS ANNEXED HEREWITH AS ANNEXURE - B AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in Crime No.20/2025 for the offence punishable under Section 69 of BNSS, 2023 on the file of 9th Addl. Chief Justice Judicial Magistrate, Bangalore City. 2. Today, a Joint Memo has been filed by the petitioner/accused and the 2nd respondent/de-facto complainant, duly signed by both parties, indicating that with the intervention of elders and well-wishers, the dispute between them has been amicably settled. In the - 3 - HC-KAR NC: 2025:KHC:39017 WP No. 29119 of 2025 Joint Memo, the complainant has specifically expressed her no objection for quashing the proceedings pending in Crime No.20/2025 registered for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, on the file of the IX Additional Chief Judicial Magistrate, Bengaluru City. 3. This Court has carefully perused the written complaint lodged by the de-facto complainant on 22.01.2025. The said complaint itself acknowledges that the complainant and the accused had lived together in Mumbai and shared a consensual relationship, which eventually led to pregnancy. The complaint also makes reference to certain aspects of misconception of fact arising from the promise of marriage. 4. Having regard to the nature of allegations in the complaint and the subsequent settlement arrived at between the parties, it is evident that the substratum of the criminal prosecution does not survive. The 2nd - 4 - HC-KAR NC: 2025:KHC:39017 WP No. 29119 of 2025 respondent has now voluntarily withdrawn the allegations and has placed on record her unequivocal consent for bringing the proceedings to an end. In the considered view of this Court, continuation of the criminal proceedings in the light of such settlement would amount to an abuse of the process of law and would serve no fruitful purpose. 5. The Hon’ble Apex Court in Deepak Gulati v. State of Haryana [(2013) 7 SCC 675] has drawn a distinction between a case of consensual relationship arising out of a promise of marriage and a case where physical relationship is established by coercion or without consent. When the relationship is essentially consensual, though clouded by certain personal disputes, such matters are not fit to be carried forward as criminal prosecution once the parties themselves have amicably resolved their differences. 6. In view of the settlement, the withdrawal of allegations, and the legal position laid down by the Hon’ble - 5 - HC-KAR NC: 2025:KHC:39017 WP No. 29119 of 2025 Apex Court, this Court finds it just and proper to exercise inherent jurisdiction under Section 482 of the Cr.P.C. to secure the ends of justice and to prevent abuse of process of law. 7. Accordingly, the following: ORDER i. The criminal petition is allowed. ii. The proceedings in Crime No.20/2025 pending on the file of the IX Additional Chief Judicial Magistrate, Bengaluru City, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE PSJ List No.: 4 Sl No.: 1