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2025 DAILYLAW 78282 (KAR)

SURIYA KIRAN P v. STATE OF KARNATAKA

CRL.P/10553/2025 · 2025-07-23

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10553 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SURIYA KIRAN P S/O PARTHIBAN, AGED ABOUT 32 YEARS RESIDING AT 401, RAMANNA LAYOUT, AISHWARYA STORES, BYRATHI, DODDAGUBBI, BANGALORE – 560 077. 2. SRI. M. PARTHIBHAN S/O MUNISWAMY AGED ABOUT 57 YEARS RESIDING AT NO.401, RAMANNA LAYOUT 4TH CROSS ASHIWARYA STORES BYRATHI DODDAGUBBI, DR SHIVARAM KARANTH NAGAR BANGALORE – 560 077. …PETITIONERS (BY SRI. LALITH KUMAR R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICE NELAMANGALA RURAL POLICE STATION, BENGALURU CITY. REP. BY HCGP, SPP OFFICE, HIGH COURT BUILDING, AT BENGALURU - 560 001. 2. SRI.RANJITH.J S/O. JAYACHANDRA, AGED ABOUT 19 YEARS, BABUSAPALYA, AMBEDKAR BUILDING, R/@129/109/2, M PAMPPIAH BUILDING, KALYAN NAGAR, BENGALURU – 560 0430 …RESPONDENTS (BY SRI.NAGESHWARAPPA.K, HCGP FOR R-1 SRI. RATHAN.V.SAGAR, ADVCOATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND FIR IN CRIME NO.0451/2024 DATED 04.08.2024 REGISTERED BY THE RESPONDENT NO.1 WHICH IS PENDING BEFORE COURT OF THE XI ACMM AT MAYOHALL, BENGALURU, REGISTERED FOR OFFENCES U/S. 115(2), 118(1), 351(2), 351(3), 352 AND 3(5) OF BNS, 2023. 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, petitioners have sought for the following relief:- “WHEREFORE, the petitioner humbly pray that this Hon'ble Court be pleased to Quash the Entire proceeding & FIR in Crime No. 0451/2024 dated 04.08.2024 registered by the Respondent No.1 which is pending before Court of the XI ACMM at Mayohall, Bengaluru, registered for offences under Section 115(2), 118(1), 351(2), 351(3), 352 and 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, Upon such terms as this Hon'ble Court deems necessary, under the circumstances of the case, to secure the ends of justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 3. Petitioners – accused Nos.1 and 2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT OF THE PARTIES “ I, Suriya Kiran. P. S/o Parthiban, Aged about 32 years Residing at # 401, Ramanna Layout, Aishwarya Stores, Byrathi, Doddagubbi, Bangalore-560073 being the Petitioner No 1 & Sri. M. Parthibhan S/O Muniswamy Aged about 57 years Residing at No.401 Ramanna Layout 4th cross Dr Shivaram Karanth Nagar Bangalore -560077 being the Petitioner No 2 & 3. SRI. SRI.Ranjith. J, s/o. Javachandra, aged about 19 years, R/@129/109/2, M pamppiah building. Babusapalya, ambedkar building, kalyan nagar post-560043, BANGLORE, KARNATAKA being the Respondent No. 2 Karnataka do Ashiwarya stores byrathi Doddagubbi hereby solemnly affirm on oath and state as follows:- 1. We submit that, first us is the Petitioner No-1 and Second of us are the Petitioner No-2, & Third of us are the Respondent no.2 respectively, in the above case and as such we know the facts and circumstances of the above case and hence, we are swearing this affidavit. 2. That the complainant/Respondent. No 2 had lodged a complaint against the accused/Petitioner, resulting in registration of FIR in Cr. No 451/2024 dated 04.08.2025, under Sections under Section 115(2), 118(1), 351(2), 351(3), - 4 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 352 and 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023 at Ramamurthy Nagar Police Station, Bengaluru. 3. After due discussion and advice of well-wishers, myself and the Petitioners have come to conclusion not to proceed any further in the above said crime and hence I am not willing to continue the case against the Petitioners & I have no objection to quash the entire proceedings against the Petitioners. 4. That during the pendency of proceedings, both parties have resolved the dispute amicably and voluntarily, without any force, coercion, or undue influence. 5. I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioners and realized that pending of the proceedings would hamper his future and hence desired to withdraw our allegations made against the Petitioners and close the case on our own will and volition. 6. I, the Second Respondent further state that that since all disputes between me and Petitioner are settled in full, I am not willing to prosecute my complaint against the Petitioners and have no objection to quash the FIR in Cr No.0451/2024, registered by Ramamurthy nagar Police Station, for the offences made penal under Section 115(2), 118(1), 351(2), 351(3), 352 and 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, now pending before XI ACMM, Mayohall, Bangalore. - 5 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 7. We state that in view of the mutual settlement of all disputes pending between us, we have no grievances or claim against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, seeking to quash the case in FIR in Cr No.0451/2024, registered by Ramamurthy Nagar Police Station,for the offences made penal under Section 115(2), 118(1), 351(2), 351(3), 352 and 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, now pending before XI ACMM, Mayohall, Bangalore 8. We state that we have no further claims and counter claims on each other as all disputes and claims are settled in full and final.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 23.07.2025. (ii) The proceedings arising out of complaint / FIR in Crime No.451/2024 dated 04.08.2024 of Ramamurthy Nagar Police Station registered for the offences punishable under Sections 115(2), 118(1), 351(2), 351(3), 352 and 3(5) of BNS 2023, pending on the file of the XI Additional - 6 - HC-KAR NC: 2025:KHC:28027 CRL.P No. 10553 of 2025 Chief Metropolitan Magistrate, Mayohall, Bengaluru, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 22