Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 81827 (KAR)

SRI N G PRASANNA v. THE STATE OF KARNATAKA

CRL.P/7697/2025 · 2025-07-31

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29527 CRL.P No. 7697 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. 7697 OF 2025 BETWEEN: SRI. N.G. PRASANNA, S/O GURUMALLAPPA, AGED ABOUT 54 YEARS, R/AT 'MATHRUSHREE NILAYA', NEAR MANJUNATHA TEMPLE, 2nd CROSS, MANJUNATHA NAGAR, KYATASANDRA POST, TUMAKURU, TUMAKURU DISTRICT - 572 104. (ADDRESS AS PER AADHAR) …PETITIONER (BY SRI. SHIVANANDA REDDY R.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KYATSANDRA POLICE, TUMAKURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 002. 2. SMT. SHASHIKALA W/O ANJINAMURTHY T.S, AGED ABOUT 33 YEARS, R/AT NEAR BASAVABHAVANA SIDDESHWARA LAYOUT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29527 CRL.P No. 7697 of 2025 TUMAKURU TOWN - 572 104 …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SMT. AKSHATHA SHETTY, 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 AND COMPLIANT AGAINST THE PETITIONER IN CRIME NO.56/2025 (KYATASANDRA POLICE) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT TUMAKURU FOR THE OFFENCE P/US/ 108 OF BNS 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the FIR and complaint registered in Crime No.56/2025 for the offence punishable under Section 108 of the BNS, 2023. 2. Today, an application is filed under Sections 359(2) and 359(8) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, jointly signed by the petitioner/accused and Respondent No.2/complainant. In paragraph 2 of the application, Respondent No.2/complainant has categorically stated that she is withdrawing the allegations earlier made, and has - 3 - HC-KAR NC: 2025:KHC:29527 CRL.P No. 7697 of 2025 further clarified that the deceased, Anjana Murthy, was never subjected to harassment by the petitioner and that the petitioner was in no way responsible for his death. In paragraph 5 of the application, Respondent No.2/complainant has specifically recorded her consent and expressed that she has no objection for quashing of the proceedings pending against the petitioner in Crime No.56/2025. 3. When a query was put to the learned Additional State Public Prosecutor as to whether the proceedings could be quashed in view of the express withdrawal of allegations by Respondent No.2/complainant, she submitted that if the complainant intends to withdraw the allegations and has formally consented to the same, there would be no legal impediment for this Court to pass appropriate orders in accordance with law. 4. The application filed under Sections 359(2) and 359(8) read with Section 528 of the BNSS, 2023 is accordingly taken on record. - 4 - HC-KAR NC: 2025:KHC:29527 CRL.P No. 7697 of 2025 5. Respondent No.2/complainant is present before this Court. Upon being personally enquired, she has stated that she and the petitioner are neighbours, and she has voluntarily clarified that Anjana Murthy was never subjected to harassment by the petitioner, nor did the petitioner have any role in causing his death. 6. In view of the unequivocal statement made by Respondent No.2/complainant both in the written application and in open Court, and having regard to the fact that the complainant has no objection to the quashing of the proceedings, this Court is of the considered opinion that further continuation of the criminal proceedings would serve no fruitful purpose. Accordingly, the proceedings in Crime No.56/2025 pending on the file of the Principal Civil Judge and JMFC, Tumakuru, for the offence punishable under Section 108 of the BNS, 2023, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK