Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3797 OF 2026 BETWEEN:
1.
SRI SHAILESH RAJKUMAR YADAV S/O RAJKUMAR YADAV AGED ABOUT 35 YEARS
2.
SRI. RAJKUMAR TILAK DHARI YADAV S/O. TILAK DHARI YADAV AGED ABOUT 60 YEARS
3.
SMT. INDRAWATI RAJKUMAR YADAV W/O. RAJKUMAR YADAV AGED ABOUT 59 YEARS
4.
SMT. PUNITA RAJKUMAR YADAV D/O. RAJKUMAR YADAV AGED ABOUT 38 YEARS
5.
SMT. UJALA RAJKUMAR YADAV D/O. RAJKUMAR YADAV AGED ABOUT 36 YEARS
6.
SRI. SANMESH SURIL S/O. SHARATH KUMAR AGED ABOUT 38 YEARS
PETITIONERS NO.1 TO 6 R/AT NO.C-1501, 15TH FLOOR,
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
ANAND HEIGHTS SHAIKH MISREE ROAD ANTOP HILL, WADALA (EAST) MUMBAI - 400 037
7.
SRI. PRAKASH SHANKARDATT JOSHI AGED ABOUT 71 YEARS S/O. SHANKARDATT JOSHI R/AT D-16, HIMALAYA PARVATIYA CHS GIVING NAGAR, NARI SAVA SADAN ROAD ASALPHA VILLAGE GHATKOPAR - 400 084 …PETITIONERS (BY SRI. SANTOSH RAJ URS B.Y., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY DODDABALLAPUR WOMEN POLICE STATION BANGALORE RURAL DISTRICT REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001
2.
SMT. NAGARATHNA S.
W/O. SHAILESH RAJKUMAR YADAV AGED ABOUT 30 YEARS R/AT NO.54, VEEREGOWDA BUILDING 2ND CROSS, GREEN NEXT EXTENSION VAJARAHALLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
PERMANENT ADDRESS: HALLIKALI BALI RAGIHAKLU POST, HEROOR NAVUNDA KUNDAPURA TALUK UDUPI. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1;
SRI. N. GOWTHAM RAGHUNATH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. SET ASIDE THE IMPUGNED ORDER DATED 05-11-2025 PASSED BY THE HONBLE ADDL. CIVIL JUDGE AND JMFC, AT DODDABALLAPURA, TAKING COGNIZANCE OFFENCES AND ISSUANCE OF PROCESS CRIME NO.189/2025 NOW C.C.NO.7296/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 55, 64(2)(m) 69, 115(2), 351 (2) R/W 190 BNS, AS PER ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioners - accused Nos.1 to 7 now stand at the doors of this Court calling in question proceedings in C.C.No.7296/2025 registered for offence punishable under
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
Sections 55, 64(2)(m), 69, 115(2), 351(2) read with Section 190 of the BNS, 2023.
2. Heard Sri. Santosh Raj Urs B.Y., learned counsel appearing for the petitioners, Sri. Anoop Kumar, learned HCGP appearing for respondent No.1, Sri. N. Gowtham Raghunath,
learned counsel appearing for respondent No.2 and have perused the material on record. 3. The allegation was that accused No.1 and the complainant have had physical relationship on promise of marriage. This Court is coming across plethora of cases where the crime is registered on the breach of promise of marriage. A unique case today springs that accused No.1 has fulfilled the promise of marriage and has got married to the complainant. Both of them are present before the Court and have filed an application seeking compounding of the offences with an affidavit. The affidavit so filed reads as follows:
"AFFIDAVIT
We, Sri. Shailesh Rajkumar Yadav, S/o Rajkumar Yadav, aged about 35 year and Smt. Nagarathna.S, W/o Shailesh
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
Rajkumar Yadav, Aged about 30 years, both residing at No. C-1501, 15th Floor, Anand Heights, ShaikhMisree Road, Antop Hill, Wadala (East) Mumbai 400037. today at Bengaluru City, do hereby solemnly affirms on oath and states as follows,
a. We state on oath that we are the petitioner No.1 and respondent No.2 in the above petition and well conversant with the facts of the case. b. The petitioner No.1 and the 2nd respondent submit that with the intervention of family members, and friends, they have amicably resolved all their misunderstandings. We the Petitioner No. 1 and Respondent No. 2 got formally engaged on 11.01.2026 and thereafter solemnized our marriage on 27.01.2026 as per Annexure-F and we are presently living together as husband and wife in Mumbai. c. We state on oath that continuation of the proceedings would only cause harm and prejudice to us, i.e., Petitioner No. 1 and Respondent No. 2, and would disturb our matrimonial life. This honble court in Crl Petition No. 4172/2022, vide order dated 23-05-2022, has held that
"the closure of proceedings on account of settlement arrived at between the parties even for offence punishable under Section 376 of the IPC, being permissible". d. If this application is not allowed, the petitioner No.1 and respondent No.2 will suffer significant hardship and incur substantial costs.
Wherefore, the petitioners and the respondent No.2 most respectfully pray that this Hon'ble court be pleased to grant leave to compound the alleged offence punishable under section under section 55, 64, 69, 115(2), 351 (2) r/w 190 BNS in CC No. 7296/2025 pending on the file of the Honble Addl Civil Judge and JMFC, at Doddaballapura, in the end of Justice and equity."
4. In the light of the marriage of the two, I deem it appropriate to accept the compounding application, close the
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HC-KAR NC: 2026:KHC:19202 CRL.P No. 3797 of 2026
proceedings against these petitioners owing to the peculiar circumstances. 5. In the light of the closure of the proceedings, the inevitable conclusion would be that obliteration of proceedings against all. 6. For the aforesaid reasons, the following:
ORDER (i) Criminal petition is disposed. (ii) Proceedings in C.C.No.7296/2025 pending before the Additional Civil Judge and JMFC, Doddaballapura, stand quashed qua these petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 31/CT:SG