Karnataka High Court
Mr Ananda vs State Of Karnataka on 24 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:3269
CRL.P No. 785 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 785 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
MR. AKASHA
S/O L ATE HARISH
AGED ABOUT 24 YEARS
R/AT KORALURU VILLAGE
KASABA HOBLI, HOSAKOTE TALUK
BENGALURU 560 067.
...PETITIONER
(BY SRI. MADHU M T, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THIRUMALASHETTAHALLI POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECTOR
HIGH COURT BUILDING
DR. AMBEDKAR VEEDHI,
BENGAURU 560 001.
Digitally signed
by LEELAVATHI 2. MRS. BHUVANA
SR W/O AKASHA
Location: High AGED ABOUT 24 YEARS
Court of RA/T KORALURU VILLAGE
Karnataka
HOSAKOTE TALUK,
BENGALURU 560 067.
...RESPONDENTS
(BY SRI.VINAY MHADEVAIAH, HCGP FOR R-1
SRI. GIRISH KUMAR.B.M, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO (A) QUASH THECHARGE SHEET FIELD BY THE
RESPONDENT NO. 1 POLICE IN CRIME NO. 68/2022 REGISTERED AS CC
NO. 4941/2023 FOR OFFENCE PUNISHABLE UNDER SECTION 498A OF
IPC PENDING OF THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) AND
JMFC, HOSAKOTE, BENGALURU RURAL DISTRICT VIDE ANNEXURE-A.
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NC: 2025:KHC:3269
CRL.P No. 785 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following reliefs:-
"(a) Quash the charge sheet filed by the Respondent No.1
police in Crime No.68/2022 registered as CC
No.4941/2023 for offence punishable under Section
498A of IPC pending on the file of the II Addl. Civil Judge
(Jr.Dn.) & JMFC, Hosakote, Bengaluru Rural District vide
Annexure-A;
(b) Quash the entire proceedings in C.C.No.4941/2023
pending on the file of the II Addl. Civil Judge (Jr. Dn.) &
JMFC, Hosakote, Bengaluru Rural District vide
Annexure-D;
(c) Grant such other relief/s, pass such other Order/s as this
Hon'ble Court deems fit in the facts and circumstances of
the case, in the interest of justice and equity."
2. Learned counsel for the petitioner - accused and
learned counsel for respondent No.2 - complainant have filed a
Joint Affidavit duly signed by the petitioner, 2nd respondent and their
respective counsel and the same is taken on record.
NC: 2025:KHC:3269
3. The petitioner - accused and respondent No.2 -
complainant are physically present before the Court and they admit
the contents of the Joint Affidavit, which reads as under:-
"We, Akash, S/o late Harish, aged about 24 years, residing at:
Koraluru village, Kasaba Hobli, Hosakote TalukBengaluru - 560
067 and Bhuvana, D/o Ananda, aged about 24 years, residing at:
Soladenahalli, Bengaluru city Bengaluru - 560 107, do hereby and
state on oath as follows:
1. We jointly state that, we are the Petitioners and the
Respondent 2 in the above case. That with the intervention of the
elder wishes, both parties have reconciled all the differences them
and compromised the disputes in order to between them.
Accordingly, we have got divorce by mutual consent vide Judgment
dated: 23.01.2025 in M.C.No.398/2025 before the Principal Family
Judge, Family Court, at Bengaluru. For which reason, the
Respondent No. 2 herein has agreed to withdraw the criminal
proceedings in C.C. No. 4941/2023 pending on the file of the II
Addl. Civil Judge (Jr.Dn) & JMFC, Hosakote, Bengaluru Rural
District for the offences punishable under Section 498A of IPC
which is the subject matter of the instant petition and are not willing
to prosecute the said case. .
2. We jointly state that, in view of the above, the 2nd
respondent/complainant does not wish to continue the criminal
proceedings initiated by her and has no objection for quashing the
proceedings against the petitioner. Since the alleged offences are
compoundable in nature, this application is filed seeking permission
to compound the above said offences and thereby quashing of the
proceedings against the petitioner.
NC: 2025:KHC:3269
3. We have understood the contents of this application and
have affixed our signature accordingly. Hence, this Hon'ble Court
may pleased to allow the captioned criminal petition and
accordingly quash the proceedings against the petitioner.
4. We jointly state that what is stated above is true and correct
to the best of our knowledge, belief and information."
4. In view of the aforesaid settlement entered into
between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit
dated 24.01.2025.
(ii) The proceedings in C.C.No.4941/2023 (arising out of
Crime No.68/2022 of 1st respondent - Police) registered for the
offences punishable under Section 498-A of IPC, pending on the
file of the II Addl. Civil Judge (Jr.Dn.) & JMFC, Hosakote,
Bengaluru Rural District, insofar as the petitioner is concerned, are
hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
