Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20039 WP No. 9240 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9240 OF 2026 (GM-RES) BETWEEN:
SRI HANAMANTA S/O LATE. NARASINGAPPA AGED ABOUT 34 YEARS, RESIDING AT NO. 02, 8TH MAIN, 3RD CROSS, BHUVANESHWARI NAGAR, T DASARAHALLI, BENGALURU NORTH, DASARAHALLI, BENGALURU- 560057 …PETITIONER (BY SRI. SHESHA KARTHIK M REDDY., ADVOCATE) AND:
1.
STATE BY MAHALAKSHMIPURAM P S MALLESHWARAM SUB-DIVISON, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING, KARNATAKA HIGH COURT, AMBEDKAR VEEDHI, BENGALURU 560 009.
2.
SMT. DURGAVVA, W/O HANUMANTHA AGED ABOUT 30 YEARS, R/AT, NO. 148, INDUSTREAL APARTMENT, OPPOSITE ESTEEM, CLASSIC APARTMENT,
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:20039 WP No. 9240 of 2026
MAHALAKSHMI LAYOUT BENGALURU CITY- 560086 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. CHANDAN GOWDA T.K., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS.QUASHING THE ENTIRE PROCEEDINGS IN CC NO.
41770/2024 ARISING OUT OF CHARGESHEET FILE IN CRIME NO. 293/2024 DATED 13.10.2024 REGISTERED BY THE R1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2) OF BHARATHIYA NYAYA SANHITA, 2023 AND COGNIZANCE ORDER DATED 13.12.2024 TAKEN BY THE LEARNED XXXII ACJM, BENGALURU, CONSEQUENTLY THE ENTIRE PROCEEDINGS ARISING THEREOF AS AGAINST THE PETITIONER/ ACCUSED. (VIDE ANNX-C AND D).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.41770/2024 registered for an offence punishable under Section 137(2) of the BNS, 2023. 2. Heard Sri. Shesha Karthik M. Reddy, learned counsel appearing for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1, Sri. Chandan
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HC-KAR NC: 2026:KHC:20039 WP No. 9240 of 2026
Gowda T.K., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint application The joint application so filed reads as follows:
“JOINT APPLICATION UNDER SECTION 359 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA AND ARTICLE 226 OF THE CONSTITUTION OF INDIA”
The Petitioner and Respondent No.2 above named, humbly submit as under:
1. It is submitted that based on the first information/complaint given by the Respondent No.2 on 13.10.2024 before the Respondent-police have registered a FIR in Crime No.293/2024 for the offences punishable Under section 137(2) of BNS, 2023 against unknown person in the above said crime and respondent No.1/police took up investigation. 2. It is submitted that after completion of investigation the Respondent-Police has filed Chargesheet and Learned XXXII ACJM, Bengaluru has taken cognizance Order dated 13.12.2024 against the Petitioner/Accused for the offences Punishable U/s 137(2) in CC No. 41770/2024. 3. It is submitted the Respondent No.2 is the mother of the minor child Master Chinmayee who had gone missing. 4. It is pertinent to note that the Respondent NO.2's minor child while playing, got lost and was
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HC-KAR NC: 2026:KHC:20039 WP No. 9240 of 2026
found standing near Toyota Showroom near ISKON Temple, West of Chord Road and was crying. Further, the Petitioner after finding the child, enquired with the people present there regarding the child's parents or guardians. Thereafter, the Petitioner took care of the Respondent No.2's child. 5.
It is submitted that the Respondent No.2 gave a missing report as she was unable to find the minor child and thereafter when she got to know that her minor son was found and was in safe custody with the Petitioner, she intended to not proceeded with the case and informed the same to Respondent/Police, then the Respondent No.2 and her minor son was taken to magistrate and she was informed by the Respondent/Police that the case is over. Further, the Respondent No.2 had no knowledge about the pending criminal case or chargesheet. 6. It is submitted that as the issue has been resolved between the Petitioner and Respondent No.2. It is further submitted that the Respondent No.2 minor child also informed her that he was taken good care by the Petitioner and her family members when he was lost. The Respondent No.2 does not wish to pursue complaint any further and has no grievance whatsoever against the Petitioners herein. 7. It is submitted that the continuation of the criminal proceedings would serve no useful purpose and may adversely affect the life of the parties, it has become just and necessary to permit the Petitioner and Respondent No.2 to resolve the same by allowing the present petition. 8. It is submitted that the averments in the present application are true and the Petitioner herein and Respondent No.2 voluntarily, with their consent and with proper state of mind and free will without any duress or coercion from any external source have agreed to resolve the issue.
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HC-KAR NC: 2026:KHC:20039 WP No. 9240 of 2026
WHEREFORE, the Petitioner and 2nd Respondent in the above Writ Petition may kindly be pleased to allow the above application and consequently the entire proceedings in C C No. 41770/2024 arising out of Crime No. 0293/2024, dated 13.10.2024 by the Respondent No.1-Police for the offences punishable under Section 137(2) of Bharathiya Nyaya Sanhita, 2023, pending before the learned XXXII ACJM, Bengaluru, Bengaluru against the Petitioner, in the interest of justice."
4. In the light of joint application being filed and offences not being against the State, I deem it appropriate to accept the joint application and terminate the proceedings against the petitioner in the subject petition. 5. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.41770/2024 pending before the XXXII ACJM, Bengaluru, stand quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK/List No.: 1 Sl No.: 47