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2026 DAILYLAW 10255 (KAR)

HARISH PRASAD S P v. THE STATE OF KARNATAKA

CRL.P/4337/2026 · 2026-03-24

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4337 OF 2026 BETWEEN: 1. HARISH PRASAD S. P., S/O LATE SIDDALINGAPPA AGED ABOUT 33 YEARS NO.329, DWARAKA NAGAR STAGE 2 R.R.NAGAR BENGALURU CITY – 560 098. 2. SMT. INDRANI W/O LATE SIDDALINGAPPA AGED ABOUT 59 YEARS NO.329, DWARAKA NAGAR STAGE 2 R.R. NAGAR BENGALURU CITY – 560 098. 3. SMT. ASHA W/O MANJUNATHGOWDA B. K., AGED ABOUT 42 YEARS NO.63, VASUDH APTS, OPP, JC WASH 2ND CROSS, BEML 5TH STAGE R.R.NAGAR, BANGALORE SOUTH KARNATAKA – 560 098. 4. B.K.MANJUNATHGOWDA S/O KRISHNAPPA GOWDA B. M., AGED ABOUT 59 YEARS NO.63, VASUDH APTS, OPP, JC WASH Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 2ND CROSS BEML, 5TH STAGE R.R.NAGAR BENGALURU SOUTH, KARNATAKA – 560 098. 5. SMT. PREMA S., W/O RAJANNA AGED ABOUT 40 YEARS NO.27, 8TH MAIN, MAGADI CARD ROAD VIJAYANAGAR, BANGALORE NORTH KARNATAKA – 560 040. 6. RAJANNA S/O THIPPESWAMY AGED ABOUT 58 YEARS WARD NO.9 H, NO.19/3 BEHIND DODDA MARKET MARISWAMI, MATHA, PO DIST. BELLARY KARNATAKA – 583 101. 7. SMT. SHWETHA AGED ABOUT 38 YEARS NO. 208, SAI RADHA AASHRAYA KOLAMBE BRAHMAGIRI, UDAPI KARNATAKA – 576 101. 8. SMT. VEENA C/O PRAVEEN RAICHUR AGED ABOUT 36 YEARS NO.22, SRI GURUKRUPA 2ND MAIN, 2ND ‘B’ CROSS M.H.LAYOUT, CHIKKABANAVARA BENGALURU, KARNATAKA – 560 090. 9. PRAVEEN C/O VENKATESH RAICHUR - 3 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 AGED ABOUT 50 YEARS NO.22, SRI GURUKRUPA 2ND MAIN, 2ND ‘B’ CROSS M.H.LAYOUT, CHIKKABANAVARA BENGALURU, KARNATAKA – 560 090. …PETITIONERS (BY SRI AVINASH P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WEST WOMEN P. S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. 2. SMT. LEPAKSHI H., W/O HARISH PRASAD S. P., AGED ABOUT 32 YEARS R/AT NO. 88, 4TH CROSS 1ST MAIN ROAD, BANGARAPPA NAGAR R.R.NAGAR, BENGALURU CITY – 560 098. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI SOMASEKHAR K., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 09.03.2026 NOW PENDING IN CC.NO.16292/2026 NOW PENDING BEFORE THE LD. XXIV ACJM, BENGALURU CITY, THEREBY REGISTERING THE CRIMINAL CASE AND THE FIR REGISTERED IN CR.NO.29/2026, FOR THE OFFENCES P/U/S 85, 115(2), 351(2), 352 OF BNS, U/S 3 AND 4 OF D.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 9 are before this Court calling in question an order dated 09.03.2026, passed by the XXIV Additional Chief Judicial Magistrate, Bengaluru, taking cognizance of the offences punishable under Sections 85, 115(2), 351(2) and 352 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, in C.C.No.16292/2026. 2. Learned counsel for the petitioners – accused and respondent No.2 – complainant in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions and have decided to part their ways. An affidavit of respondent No.2 – complainant is filed before this Court seeking permission to compound the offences. 3. The affidavit of respondent No.2 reads as follows: “AFFIDAVIT OF RESPONDENT No.2 (DE-FACTO COMPLAINANT) I, Smt. Lepakshi H, W/o Harish Prasad S.P, Aged about 32 years, at No. 88, 4th Cross 1st Main Road, Bangarappa Nagar, R.R. Nagar, Bengaluru 560098, do hereby solemnly affirm and state as follows: - 5 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 1. I submit that I am the Respondent No.2 in the above Criminal Petition and also the de-facto complainant in C.C. No. 16292/2026, and as such I am well acquainted with the facts of the case and competent to swear to this affidavit. 2. I submit that the complaint lodged by me against the petitioners arose out of domestic differences, heated arguments, and misunderstandings, which occurred due to temperament and incompatibility between myself and Petitioner No.1. 3. I further submit that all disputes and differences between myself and the petitioners, particularly Petitioner No.1, have now been amicably settled with the intervention of elders, well-wishers, and family members. 4. I state that pursuant to the said settlement, both parties have mutually agreed to part ways and not to interfere in each other's independent lives hereinafter. 5. I further state that I have no objection whatsoever for allowing the present Criminal Petition and for quashing of the proceedings in C.C. No. 16292/2026, pending before the competent court, in the interest of justice and equity. 6. I state that this affidavit is executed by me out of my own free will, consent, and volition, without any force, coercion, undue influence, or pressure from any quarter. VERIFICATION I, the above named deponent, do hereby verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to the best of my knowledge, belief, and information. Verified at Bengaluru on this 24th day of March, 2026.” Though the offence alleged against the petitioners in the case at hand inter alia is one punishable under Section 85 of - 6 - HC-KAR NC: 2026:KHC:16818 CRL.P No. 4337 of 2026 the BNS, which is a cognizable offence, since the complainant and the petitioners have resolved their matrimonial dispute and as the allegations are not against the State, I deem it appropriate to accept the affidavit and terminate the proceedings against the petitioners. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The order dated 09.03.2026, passed by the XXIV Additional Chief Judicial Magistrate, Bengaluru, and the proceedings in C.C.No.16292/2026, qua the petitioners, stand quashed,. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 105