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2026 DAILYLAW 38433 (KAR)

SRI AKSHAY A TELI v. THE STATE OF KARNATAKA

CRL.P/5682/2026 · 2026-08-27

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5682 OF 2026 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SRI. AKSHAY A TELI, S/OF ASHOK TELI, AGED ABOUT 33 YEARS, 2. SRI. ASHOK TELI, S/O LATE BASAVANAPPA, AGED ABOUT 67 YEARS, BOTH ARE RESIDING AT NO.98, AKSHAYA KUTEERA, 2ND CROSS, HAVANOOR LAYOUT, NAGASANDRA POST, BENGALURU -560073. …PETITIONERS (BY SRI. NINGARAJA M N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY NORTH WOMEN POLICE STATION, BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. SMT.SWETHA PAVADASHETTY, WIFE OF AKSHAY A TELI, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 AGED ABOUT 30 YEARS, RESIDING AT NO.13, FLAT NO.402, 4TH FLOOR, 2ND MAIN, GREEN GARDEN LAYOUT, SHIRIDISAI NAGAR, MARATHAHALLI, BANGALORE -560037. …RESPONDENTS (BY SMT. DEEPTHI ALVA., HCGP FOR R1 AND SMT. MONISHA N S, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO QUASH THE PROCEEDING IN C.C.NO.10227/2026 (CR.NO.167/2025) OF NORTH WOMEN P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 351(2), 352 R/W 3(5) OF BNS, U/S 3 AND 4 OF D.P ACT, ON THE FILE OF XXXII ACJM COURT, AT BANGALORE, AGAINST THESE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY. 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 are before this Court seeking the following prayer: "WHEREFORE, the Petitioners prays that this Hon'ble court may be pleased to quash the proceeding in C.C.No.10227/2026 (Crime No.167/2025) of North Women Police Station for the offences punishable under sections 85, 351(2), 352, read with 3(5) of BNS and 3 and 4 of DP Act, on the file of XXXII Additional Chief Judicial Magistrate Court at Bangalore, against these petitioners in the interest of justice and equity." - 3 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 2. Heard Sri.Ningaraja M N, learned counsel appearing for the petitioners, Sri.Deepthi Alva, learned HCGP appearing for respondent No.1, Smt.Monisha N.S., 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 compounding application along with the affidavit of petitioner No.1 and respondent No.2. The affidavit filed by petitioner No.1 reads as follows: “1. I am the petitioner No.1 in the above case and I well conversant with the facts of the case, hence I am swearing to this affidavit on my behalf and also behalf of petitioner/No.2 who is my father. 2. I submit that, the complaint lodged by the complainant/respondent No.2 against me, the respondent police have registered the FIR in Crime No.167/2025 on 06.12.2025 and on the submission of final report, the said crime case is converted as C.C.No.10227/2026 Punishable under Sections 85, 351(2), 352, read with 3(5) of BNS 2023 and 3 and 4 of DP Act, on the file of XXXII Additional Chief Judicial Magistrate Court at Bangalore. 3. I submit that, all the issues have been settled among myself and Respondent No.2 amicably. 4. It is submitted that, I had filed a restitution of Conjugal rights petition in M.C.No.4721/2025 against the - 4 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 Respondent No.2 before the Principal Family Judge at Bangalore. Later respondent No.2 had filed Divorce Petition in M.C.No.5644/2025 against me before the Principal Family judge at Bangalore and also the respondent No.2 had filed maintenance petition in Crl.Mis. No.754/2025 against me before Principal family judge at Bangalore all the cases are withdrawn and disposed as per mediation agreement entered between myself and respondent No.2. In view of the Mediation agreement, myself and respondent No.2 is ready to rejoin and lead happy marital life. 6. I submitted that, the Respondent No.2 has agreed all the terms and conditions of the mediation agreement and also affixed her signature and also further agreed that she has agreed to live with me. 7. I submit that, compounding of the said offences is essentially required and to acquit me to meet the ends of justice. What is stated above is true and correct,” 4. The affidavit filed by respondent No.2 reads as follows: "1. I am the complainant/Respondent No.2 in the above case and conversant with the facts of the case. 2. I submit that, the complaint lodged by me, the respondent No.1 police have registered the FIR in Crime No.167/2025 on 06.12.2025 and on the submission of final report, the said crime case is converted as C.C.No.10227/2025 Punishable under Sections 351(2), 352, 85 R/w 3(5) of BNS 2023 and 3 and 4 of DP Act, 1961 which is pending on the file of Learned 32st ACJM at Bengaluru. 3. I submit that, all the issues have been settled among myself and petitioner amicably. - 5 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 4. I submit that, I am not inclined to prosecute the petitioner/accused further, in the interest of all of us, this day we have filed the applications under section 320 of CrPc R/w Section 359 of the BNSS to accord permission to compound the offence and acquit the petitioner/accused. 5. I submit that, compounding of the said offences is essentially required and further I have no objection for allowing the petition and to acquit the petitioners/accused to meet the ends of justice. What is stated above is true and correct," 5. The parties to the lis are present before the Court and are identified by their respective counsels. 6. In the light of application for compounding being filed along with the affidavits of petitioner No.1 and respondent No.2 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. 7. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 6 - HC-KAR CNR: KAHC010259002026 NC: 2026:KHC:46393 CRL.P No. 5682 of 2026 [II] Proceedings in C.C.No.10227/2026 (Crime No.167/2025) of North Women Police Station, for the offences punishable under sections 85, 351(2), 352, read with Section 3(5) of BNS and Sections 3 and 4 of D.P. Act, pending before the XXXII Additional Chief Judicial Magistrate Court at Bangalore, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 111