Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 38301 (KAR)

SRI. HARISHA L v. STATE OF KARNATAKA

CRL.P/9079/2026 · 2026-08-28

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.9079 OF 2026 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SRI. HARISHA L S/O T N LAKSHMIPATHY, AGED ABOUT 42 YEARS, RESIDING AT #1049, 2ND STAGE, 15TH CROSS, KAVERI CERCLE, HEBBALA, VTC, MYSORE - 570 071. 2. SRI. T N LAKSHMIPATHY, S/O LATE NARAYANAGOWDA, AGED ABOUT 70 YEARS, RESIDING AT #1049, 2ND STAGE, 15TH CROSS, KAVERI CERCLE, HEBBALA, VTC, MYSORE -570 071. 3. SMT. KATHYAYINI, W/O T N LAKSHMIPATHY, S/O LATE NARAYANAGOWDA, AGED ABOUT 58 YEARS, RESIDING AT #1049, 2ND STAGE, 15TH CROSS, KAVERI CERCLE, HEBBALA, VTC, MYSORE - 570 071. …PETITIONERS (BY SRI. NAGENDRA G, ADVOCATE) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 AND: 1. STATE OF KARNATAKA, BY WEST WOMEN POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. NIVEDITHA D.L, W/O L HARISH, AGED ABOUT 30 YEARS, R/AT NO.52, 1ST MAIN, 2ND CROSS, VINAYAKA EXTENSION, NAYANDANAHALLI, BENGALURU - 560 039. …RESPONDENTS (BY SMT. DEEPTI ALVA, HCGP FOR R1; SRI. MADHU E.K, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 17.11.2025 OF THE XXIV ADDL. CJM COURT, AT BANGALORE THEREBY TAKING COGNIZANCE IN CC.NO.44477/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 351(2), 352, 3(5) OF BNS ACT 2023 AND U/S 3 AND 4 OF DOWRY PROHOBITION ACT AND CONSEQUENTLY, QUASH THE PROCEEDINGS PENDING THEREON. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "a) Call for the relevant records; b) Set aside the order dated 17.11.2025 of the XXIV Addl. CJM Court, at Bangalore thereby taking cognizance in C.C.No.44477/2025 for the offenses punishable under Sections 85, 115(2), 351(2), 352, 3(5) of BNS act 2023 and U/s 3 and 4 of Dowry Prohibition Act, and consequently, quash the proceedings pending thereon; and c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Nagendra G, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Madhu E.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 - 4 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 filed a compounding application along with the joint affidavit. The joint affidavit reads as follows: "JOINT AFFIDAVIT WE, Sri. Harisha L S/o T N Lakshmipathy, Aged about 42 years, Residing at # 1049, 2nd stage, 15th Cross, Kaveri cercle, Hebbala, VTC Mysore - 570 071 and; Smt. Niveditha D.L D/o. Lingegowda, Aged about 31 years, R/at No.52, 1st Main, 2nd Cross, Vinayaka Extension, Nayandanahalli, Bengaluru - 560 039. 1. That we are the Petitioner no.1 and the Respondent No.2/Original Complainant in the aforesaid case and we are aware of the facts and circumstances of the case. Hence we are swearing to this affidavit. 2. It is submitted that on the basis of a complaint lodged by the Original Complainant/Respondent No.2 against the Petitioners, the Respondent Police have registered an Cr.No.173/2025 on 30.08.2025 and taken up investigation. After completion of investigation, the Respondent Police have filed charge sheet against the Petitioner for offences punishable under Sections 85, 115 (2), 351(2), 352, 3 (5) of BNS act 2023 and U/s 3 and 4 of Dowry Prohibition Act., After perusing the records, the Learned XXIV Additional Chief Metropolitan Magistrate, at Bengaluru has taken cognizance for the aforesaid offences against the Petitioner and issued summons in C.C. No.44477/2025. The instant criminal petition is filed challenging the entire proceedings in C.C. No.44477/2025 3. It is submitted that the instant complaint was filed due to some misconception of facts and differences between the Petitioners and Respondent No.2, which has culminated into the aforesaid case before the Learned Magistrate. 4. Both parties submit that during the pendency of the instant Petition, at the instance of well-wishers and friends, they have arrived at a compromise and settled - 5 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 the dispute amicably. They have resolved all disputes between themselves. WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to compound the offences punishable under Section 85, 115(2), 351(2), 352, 3(5) of BNS act 2023 and U/s 3 and 4 of Dowry Prohibition Act., in C.C. No. 44477/2025 pending on the file of XXIV Additional Chief Metropolitan Magistrate, at, Bengaluru, and subsequently quash the entire criminal proceedings in C.C. No. 44477/2025, in the interest of justice and equity." 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of application for compounding being filed along with the joint affidavit as quoted supra and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioners in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 6 - HC-KAR CNR: KAHC010425412026 NC: 2026:KHC:47641 CRL.P No. 9079 of 2026 [II] Order dated 17.11.2025 of the XXIV Addl. CJM Court, at Bangalore, thereby taking cognizance in C.C.No.44477/2025 for the offenses punishable under Sections 85, 115(2), 351(2), 352, 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act, is set aside and consequently, the proceedings pending thereon, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 5 Sl No.: 13