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2025 DAILYLAW 83356 (KAR)

SRI. POORVIKA. M. S. v. THE STATE OF KARNATAKA

CRL.P/9698/2025 · 2025-07-10

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25372 CRL.P No. 9698 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9698 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. POORVIKA M. S., AGE 25 YEARS, S/O SRINIVAS M. M., R/O. 6TH CROSS, 6TH MAIN, NEAR SATISH CIRCLE, RAJAGOPAL NAGAR, BANGALORE – 560 058. …PETITIONER (BY SRI. ASHOK K. L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, MS BUILDING, BANGLORE – 560 001 REPRESENTED BY PRINCIPAL SECRATARY, 2. THE COMMISSIONER OF POLICE BANGLORE URBAN, INFANTRY ROAD, BANGLORE – 560 001 3. THE SHO, SANJAYANAGAR POLICE STATION, SANJAYANAGAR, BANGALORE – 560 094. 4. MS. RITU RAO S/O RAGHU RAO NO.7, 6TH MAIN, 5TH CROSS POSTAL COLONY, SANJAYNAGAR BANGALORE – 560 094 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1 TO R3; SRI. RAGHU ROA, ADVOCATE FOR R4) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25372 CRL.P No. 9698 of 2025 THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF THE CASE BEARING C.C.NO.826/2022 PENDING ON THE FILE OF 8TH ACMM COURT AT BENGALURU. 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, petitioner has sought for the following relief:- “a) Call for records relating to case bearing C.C.No.826/2022 pending on the file of 8th ACMM Court at Bangalore peruse the records, b) Quash the entire proceedings of the case bearing C.C.No.826/2022 pending on the file of 8th ACMM Court at Bangalore, and c) Pass such other orders as this Hon’ble Court deem fit under the circumstances of the case including award of costs of this proceedings.” 2. Learned counsel for the petitioner is physically present along with the petitioner and has filed a memo which is signed by both the petitioner as well as learned counsel specifically withdrawing all the allegations made by the petitioner against respondent No.4 in the petition. In the said memo, petitioner has also specifically tendered his unconditional apology as regards the incident that is said to have occurred on 11.11.2021 and - 3 - HC-KAR NC: 2025:KHC:25372 CRL.P No. 9698 of 2025 undertakes that he will ensure that no such incident will ever happen again. The aforesaid Joint memo signed by the petitioner as well as respondent No.4 reads as under: The Petitioner/Accused and Respondent No.4/Complainant together submits this Joint Memo as hereunder. 1) The Petitioner/Accused through this memo takes back and withdraw all the allegations, put in this Crl P No: 9698/2025, against the Respondent No.4/Complainant, as the same are false and not true. 3) The Petitioner/Accused further submits that, he is accepting his Act of Wrong and submits an Un-Conditional apology to the Respondent No.4/Complainant. 4) The Petitioner/Accused further submits that he will Reform himself and he shall never repeat such Wrong Act/s in future to anybody else. 5) The Respondent No.4/Complainant, based on the Petitioner/Accused's acceptance of the Act of Wrong, submission of an Un-Conditional Apology to the Respondent No 4/Complainant, withdrawing all the allegations, as the same are false and not true, put against the Respondent No 4/Complainant in this Crl P No: 9698/2025 and a submission to his Hon'ble Court to Reform himself, has agreed to pardon the Petitioner/Accused. - 4 - HC-KAR NC: 2025:KHC:25372 CRL.P No. 9698 of 2025 6) The Respondent No.4/Complainant after accepting the Un-Conditional Apology given by the Petitioner/Accused and keeping in mind, his young age has decided not to pursue the compliant so filed further and feels as a necessity to give a chance to the Petitioner/Accused to reform himself, hence has entered this Joint Memo. 7) Both Petitioner/Accused and Respondent No.4/Complainant understand the contents of this joint memo. Wherefore, the Petitioner/Accused and Respondent No.4/Complainant respectfully prays that this Hon'ble court may kindly be pleased to quash the FIR registered by the Sanjaynagar P. S and the entire Proceedings before the learned Magistrate of 8th ACMM, at Bengaluru, in Crime. No. 258/2021, U/S, 354(D) and 509 of IPC in CC. No 826/2022 and to give a chance to the Petitioner/Accused to Reform himself and live a new life, in the interest of justice and equity.” 3. Learned counsel for respondent No.4 is physically present along with respondent No.4 and both of them jointly submit that in the light of the memo filed by the petitioner along with his counsel they have no objection for the impugned proceedings to be quashed. - 5 - HC-KAR NC: 2025:KHC:25372 CRL.P No. 9698 of 2025 4. In view of the aforesaid facts and circumstances, in order to secure the ends of justice, I deem it just and appropriate to quash the impugned proceedings. 5. In view of the aforesaid settlement entered into between the petitioner and 4th respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 10.07.2025. (ii) The proceedings in C.C.No.826/2022 (arising out of Crime No.258/2021 of 1st respondent – Police) registered for the offences punishable under Sections 354(D) and 509 of IPC pending on the file of 8th Additional Chief Metropolitan Magistrate Court, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 43