Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2638 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1. AJAY P., S/O. PUTTARAJU, AGED ABOUT 22 YEARS, RESIDING AT NO. 61, KRISHNAPPA VARATA, NEAR CHURCH, BASAVAPURA BG ROAD, BENGALURU -560 076.
2. NETRA, W/O. PUTTARAJU, AGED ABOUT 46 YEARS, RESIDING AT NO. 14, PILLAGANAHALLI, BEHIND AKSHARA MASJID, 3RD CROSS, GOTTIGERE, BENGALURU - 560 076. Digitally 3. PUTTARAJU, signed by LEELAVATHI S/O. MUNISWAMAPPA, SR Location: AGED ABOUT 45 YEARS, High Court RESIDING AT NO. 14, of Karnataka PILLAGANAHALLI, BEHIND AKSHARA MASJID, 3RD CROSS, GOTTIGERE, BENGALURU - 560 076. …PETITIONERS (BY SRI. DEVARAJA M., ADVOCATE) AND:
1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, -2- HULIMAVU POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AT BENGALURU - 560 001.
2. KAVYA, D/O NARAYANAPPA, AGED ABOUT 25 YEARS, RESIDING AT NO. 6.4, T JOHN COLLEGE, SAINT FRANC SCHOOL, CHIKKAMANAHALLI, BG ROAD, BENGALURU-560 076. …RESPONDENTS
(BY SRI. THEJESH, HCGP FOR R-1 SMT. JAYASEELA REDDY, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET AND ITS FURTHER PROCEEDINGS IN S.C.NO.1860/2023 ARISING OUT OF THE COMPLAINT OF SECOND RESPONDENT IN CR.NO.18/2023 (C.C.NO.10670/2023) REGISTERED BY THE FIRST RESPONDENT (HULIMAVU POLICE STATION) FOR THE OFFENCE MADE PUNISHABLE UNDER SECTIONS 376, 417, 504, 506 R/W 34 OF IPC PENDING ON THE FILE OF THE LEARNED LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-54), BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3- CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following relief:-
“WHEREFORE, the Petitioners named above most humbly pray that this Hon’ble Court be pleased to quash the charge sheet and its further proceedings in S C No.1860/2023 arising out of the complaint of Second Respondent in Crime No.18/2023 (C C No.10670/2023), registered by the First Respondent (Hulimavu Police Station), for the offences made punishable under Sections376, 417, 504, 506 read with 34 of the Indian Penal Code, pending on the file of the Learned LIII Additional City Civil and Sessions Judge (CCH-54), Bengaluru City.”
2. Learned counsel for the petitioners - accused Nos.1 to
3 and learned counsel for respondent No.2 - complainant have filed a Joint Affidavit dated 25.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners - accused Nos.1 to 3, respondent No.2 and
their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit which reads as under:- -4- JOINT AFFIDAVIT OF THE PARTIES “We, (i) Ajay P., S/o. Puttaraju, aged about 22 years,
residing at no. 61. Krishnappa Varata, Near Church, Basavapura BG Road, Bengaluru 560 076; (ii) Netra, W/o. Puttaraju, aged about 46 years, residing at no. 14, Pillaganahalli, Behind Akshara Masjid, 3rd Cross, Gottigere, Bengaluru - 560 076; (iii) Puttaraju, S/o. Muniswamappa, aged about 45 years, residing at no. 14, Pillaganahalli, Behind Akshara Masjid, 3rd Cross, Gottigere. Bengaluru- 560 076; (iv) Kavya, D/o. Narayanappa, aged about 25 years. residing at no. 6.4, T John College, Saint Franc School, Chikkamanahalli, BG Road, Bengaluru- 560 076, do hereby solemnly affirm and state on oath as under:
1. We state that the first to third of us are Petitioners in the above case the fourth of us is the Second Respondent.
2. We state that the first to third of us have preferred
the above petition to quash the charge sheet and its further proceedings in S C No. 1860/2023 arising out of Crime No. Respondent Police, for the offences made punishable under Sections 376, 417, 504, 506 read with 34 of the Indian Penal Code, pending on the file of the Learned LIII Additional City Civil and Sessions Judge (CCH-54), Bengaluru City.
3. We state that the first of us and the fourth of us known each other and were intending to marry each other and had a platonic relationship. -5-
4. We state that that subsequently, due to certain misunderstanding and incompatibility between first and fourth of us, our relationship was dented and subsequently ended in a closure.
5. I, the fourth deponent state that our relation was
closed due to incompatibility between first of us myself and as such I was perturbed and ill advised to lodge a complaint before the First Respondent Police, to the effect that I was cheated with assurance of marriage and that he had sexual intercourse without my consent.
6. I, the fourth deponent further state that I was
unaware about the ordeal faced by the first to third of us and was unaware that the First Respondent Police filed a charge sheet against the first to third of us concerned arid realised after giving partial evidence that pending of the proceedings would hamper the future lives and desired to close the same.
6. We state that with the intervention of common friends and well-wishers and in view of the desire to lead our
respective lives in harmony and peace, the misunderstanding and disputes are mutually settled inter-se between us and I, the fourth deponent am not willing to prosecute my complaint against the first to third of us and have no objections whatsoever for of the proceedings as against the first to fourth of us.
7. I, the fourth deponent state that it has been
voluntarily agreed and decided not continue to prosecute the criminal case. We further state that we have no grievances against each other and hence we are filing this joint affidavit -6-
on own volition without any coercion or threat, seeking permission for closing / compounding of the proceedings in S C No. 1860/2023 arising out of Crime No. 18/2024 (C C No. the offences made punishable under Sections 376. 417, 504, 506 read with 34 of the Indian Penal Code, pending on the file of the Learned LIII Additional City Civil and Sessions Judge (CCH-54), Bengaluru City.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit dated 25.02.2025.
(ii) The proceedings in S.C.No.1860/2023 [arising out of
Crime No.18/2023 (C.C.No.10670/2023) of 1st respondent - Police] registered for the offences punishable under Sections 376, 417, 504, 506 r/w. Section 34 of IPC, pending on the file of the LIII Additional City Civil and Sessions Judge (CCH-54), Bengaluru City, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 12