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2026 DAILYLAW 46386 (KAR)

SHASHIKUMAR. S v. STATE OF KARNATAKA BY

CRL.P/1362/2026 · 2026-01-29

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1362 OF 2026 BETWEEN: SHASHIKUMAR. S AGED ABOUT 31 YEARS C/O. SARVANA 426, DARGAJOGIHALLI, DODDABALLAPURA TALUKU KARNATAKA - 561 203 …PETITIONER (BY SRI. RHONA K. GHANATHE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BENGALURU DIST. WOMEN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 BENGALURU - 560 001 2. SHILPA H.M W/O JANARDHAN R., AGED ABOUT 25 YEARS R/A HUVINAKATTE, TOLEKOPPE, TUMKUR TALUK, TUMKUR DIST. KARNATAKA - 572 117. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. SIRIVANTH B. MANJUNATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 ON 21.01.2026 (ANNEXURE-B) BEFORE BENGALURU DIST. WOMEN P.S., AND THE CONSEQUENT REGISTRATION OF FIR DTD 21.01.2026 REGISTERED IN CR.NO.13/2026 REGISTERED BY BENGALURU DIST WOMEN P.S., FOR THE OFFENCES P/U/S 74, 78, 115(2), 352, AND 351(2) OF THE BNS 2023 PENDING BEFORE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, DODDABALLAPURA, BENGALURU RURAL (ANNEXURE-A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the registration of a crime in Crime No.13/2026 for offences punishable under Sections 74, 78, 115(2), 352 and 351(2) of the BNS, 2023. 2. Heard Sri. Rhona K. Ghanathe, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Sirivanth B. Manjunath, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. The joint affidavit so filed reads as follows: "JOINT AFFIDAVIT We, Petitioner- Shashikumar S, Aged about 31 years, C/O: Sarvana, 426, Dargajogihalli, - 4 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 Doddaballapura Taluku Karnataka 561 203 and Respondent No. 2 - Shilpa H.M, D/o Mohan Kumara, Aged about 24 years, R/a Huvinakatte, Tolekoppe Tumkur Taluk, Tumkur Dist. Karnataka - 572 117 do hereby jointly swear, solemnly affirm and state on oath as follows: 1. We state that the Petitioner herein is arrayed as Accused No.1 in Crime No.13 of 2026 registered by the Bengaluru District Women Police Station for the alleged offences punishable under Sections 74, 78, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. We further state that the Second Respondent herein is the de facto complainant who had set the criminal law into motion by lodging a complaint dated 21.01.2026, pursuant to which the aforesaid FIR came to be registered and that both the Petitioner and the Second Respondent are fully acquainted with the facts and circumstances of the case and are competent and authorised to depose to this Joint Affidavit. 2. The Second Respondent submits that the complaint came to be filed due to misunderstanding, oversight and circumstances beyond her control, and primarily owing to family pressure prevailing at the relevant point of time. 3. The Second Respondent unequivocally states that the Petitioner has not committed any of the offences alleged in the complaint. The Second Respondent further states that it was only on account of the aforesaid misunderstanding and external pressures that the criminal law came to be set into motion against the Petitioner. 4. The Second Respondent categorically affirms that she has no objection whatsoever for this Hon'ble Court to exercise its inherent jurisdiction and quash the FIR and all consequential proceedings in Crime - 5 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 No.13 of 2026 registered by the Bengaluru District Women Police Station. 5. The Second Respondent affirms that this Joint Affidavit is being executed voluntarily, of her own free will, without any coercion, threat, undue influence or inducement of any kind. 6. The Second Respondent states that she has come forward to execute this affidavit only with a view to ensure that no false or unwarranted criminal prosecution is continued against the Petitioner. 7. Both the Petitioner and the Second Respondent jointly and unequivocally state that the Petitioner has not committed any offence whatsoever and that the continuation of the criminal proceedings would amount to abuse of the process of law. 8. The second Respondent therefore has no objection to the FIR in Crime No.13 of 2026 registered by the Bengaluru District Women Police Station and all proceedings arising therefrom being quashed by this Hon'ble Court in the interest of justice. 4. In the light of application for compounding being filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioner in the subject petition. - 6 - HC-KAR NC: 2026:KHC:5184 CRL.P No. 1362 of 2026 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition stands disposed. ii. Proceedings pending in Crime No.13/2026 pending before the Additional Civil Judge (Jr.Dn.) and JMFC, Doddaballapura, Bengaluru Rural, against the petitioner stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 1 BHK