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2025 DAILYLAW 83857 (KAR)

SRI HARSHITH M SUVARNA v. STATE OF KARNATAKA

WP/32358/2025 · 2025-11-05

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44683 WP No. 32358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 32358 OF 2025 (GM-RES) BETWEEN: 1. SRI. HARSHITH M SUVARNA AGED 31 YEARS, S/O MADHUSUDHAN B SUVARNA, R/AT #4-42/3, LAXMI CHAYA ANANTHESHA BADAVANE, IDDYA, BEHIND NATARAJ TALKIES, MANGALORE, SURATHKAL, DAKSHINA KANNADA-575 014. 2. MS. JYOTSNA ACHARY K. AGED 33 YEARS, D/O RAMESH ACHARI, R/AT #1-184/B, SRI DURGA NIVASA, HOSABETTU, SHIVAGIRI NAGAR, MANGALORE, DAKSHINA KANNADA-575 019. …PETITIONERS (BY SRI. VENKATESH SOMAREDDY, ADVOCATE (P/H)) AND: STATE OF KARNATAKA BY SURATHKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44683 WP No. 32358 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE FIR IN CRIME NO.115/2025 DATED 04-09-2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 68 AND 318(2) OF BNS, 2023 PENDING ON THE FILE OF II JMFC COURT, MANGALORE VIDE ANNEXURE A, IN SO FAR AS THE PETITIONER NO.1 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER A joint petition is filed by the accused as well as the complainant seeking quashing of the case registered in Cr.No.115/2025 at Surathkal Police Station, Mangaluru City, for the offence punishable under Section 318(2) and 64 of BNS, 2023. 2. The allegations in the complaint, in brief are that the accused No.1 with a false promise of marriage, developed physical relationship with the complainant and thereafter, refused to marry and also blocked her number etc. - 3 - HC-KAR NC: 2025:KHC:44683 WP No. 32358 of 2025 3. Petition is filed by the accused and the complainant seeking quashing of the proceedings, on the ground that the dispute has been resolved and petitioner No.1 has agreed to marry the complainant. 4. As per Annexure-C, an application is filed before the Registrar of Marriage, SRO, Mangaluru Taluk, under the Special Marriage Act, 1954. 5. In the joint petition, it is stated that with the intervention of well wishers and the family members, the parties have amicably settled the dispute and agreed to marry each other. Pursuant to the settlement, they have submitted notice as per Section 5 of the Special Marriage Act, 1954 and acknowledgment is also issued by the Registrar of Marriage, as per Annexure-C. 6. The petitioners i.e., the accused as well as the complainant have appeared through video conference. They are identified by the learned counsel appearing for them. The complainant would submit that the matter has - 4 - HC-KAR NC: 2025:KHC:44683 WP No. 32358 of 2025 been settled and therefore, she is not interested to pursue the criminal case. 7. In the above facts and circumstances and in the light of the settlement between the parties and since the complainant herself has come forward seeking quashing of the criminal case initiated at her instance, no purpose will be served in keeping the matter pending. Hence, in the interest of justice, it is just and proper to quash the proceedings. 8. Petition is allowed. 9. The entire proceedings/investigation arising out of Cr.No.115/2025 of Surathkal Police Station, Mangaluru City, registered against petitioner No.1 are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 99