Writ Petition No. 580 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 580 OF 2025 (GM-RES) BETWEEN:
Legal Reasoning
MR. SOMASHEKARA, AGED ABOUT 52 YEARS, S/O JAYARAJ, RESIDENT OF NO.1529/28, (NEW NUM 2223), SOMS, 39TH F CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041. (BY SRI. AJAY KADKOL T., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATION HOUSE OFFICER, ASHOKNAGAR POLICE STATION, BANGALORE – 560 025. …PETITIONER 2. POOJA S.N., D/O / W/O VASU, AGED ABOUT 28 YEARS, RESIDENT OF NO.150, LINGARAJU BUILDING, NEAR GOVT. SCHOOL, DODDAKALASANDRA, BENGALURU – 560 062. (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1; SRI.PRAMODA GOWDA T.P., ADVOCATE FOR R2) …RESPONDENTS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS PRAYING TO QUASH THE REGISTRATION AND ALL FURTHER INVESTIGATION OF THE CASE IN CRIME NO.5 OF 2025 DATED 04.01.2025 REGISTERED AT ASHOKNAGAR POLICE STATION, BANGALORE, AS AGAINST THE PETITIONER HEREIN WHO IS ARRAIGNED AS AN ACCUSED, FOR THE ALLEGED COMMISSION OF AN OFFENCE WHICH IS MADE PENAL UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA 2023 WHICH IS PRODUCED AS ANNEXURE – A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this Petition, Petitioner seeks the following reliefs: "a. Issue a Writ, Order or direction of appropriate nature quashing the registration and all further investigation in the case in Crime No.5/2025 dated 04.01.2025 at Ashoknagar Police Station, Bangalore, as against the Petitioner herein who is arraigned as an Accused, for the alleged commission of an offence which is made penal under Section 69 of the Bharatiya Nyaya Sanhita 2023, which is produced as ANNEXURE-A. AND/OR b. Pass such other Order/s as this Hon'ble Court may deem fit and proper in the ends of justice." 2. Heard learned counsel for the Petitioner and the learned HCGP for Respondent No.1 and learned counsel for Respondent No.2 and perused the material on record. - 3 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR 3. A perusal of the material on record will indicate that the second Respondent de facto - complainant filed a complaint dated 04.01.2025 against the Petitioner- accused which was registered as an FIR in Crime No.5/2025 for alleged offences p/u/s 69 of Bharatiya Nyaya Sanhita, 2023. Aggrieved by the impugned FIR, now the Petitioner is before this Court by way of the present petition. 4. In the present petition, the second respondent has filed an affidavit which reads as under: "AFFIDAVIT I, Pooja S. N., aged about 28 years, w/o Sri. Vasu. L, resident of No. 150, Lingaraju Building, Near Govt. School, Doddakalsandra, Bengaluru -560062, do hereby solemnly affirm and state on oath as follows 1. I am the second respondent in the above Writ Petition. I know the facts and circumstances of the above case. As such, I am swearing to this Affidavit. 2. I am swearing to this Affidavit to state the true facts and circumstances that led me to file the the complaint petitioner which has resulted in registration of a case in Crime No. 5/2025 before the Ashoknagar Police Station, Bengaluru. 04.01.2025 against dated - 4 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR 3. I submit that I hold a bachelor's degree in Biotechnology an am working in Bengaluru since 2018. I was staying in a PC accommodation at HSR layout, during that time, I got introduced to the petitioner above named through my friend Ms. Vandana, as such I had an acquaintance with him. 4. I state that due to the said acquaintance with the petitioner, I used to take financial assistance from him and he has helped me during my hours of need. Except that I did not have any other connections/relationship with the petitioner. 5. I submit that my marriage with my husband Sri. Vasu. L. was arranged by my parents and was solemnized on 08.11.2024. After my marriage I am making a living with my husband at the marital home. 6. I state that, after my marriage my husband Sri. Vasu and his family members subjected me to severe mental and physical abuse, harassment and torture, primarily demanding dowry which my parents were unable to fulfil. My husband Vasu would regularly check my mobile phone and question about all the contacts in my phone and their background. On the petitioner, his business and background, my husband began to accuse me of being in relationship with the petitioner and thereafter forced me to demand monies from him which I refused. Thereafter, my husband threatened and blackmailed me to adhere to his dictates, failing which, he would blemish my conduct and character and tarnish my image and reputation. learning about 7. I state that under such pressure, threat and coercion, my husband made me to write a complaint as dictated by him and secured my signature forcefully and lodged the same before the Respondent No. 1. 8. I state that I have realised the consequences of the complaint lodged against the petitioner. - 5 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR 9. I categorically state that the allegations made against the Petitioner in my complaint are unfounded, malicious and fabricate was done at the instance and behest of my husband. I filed the complaint under extreme pressure and threat from my husband. I hereby unconditionally withdraw the false allegations made in the complaint in its entirety 10. I state that the continuation of these unwarranted criminal proceeding would not only cause irreparable damage to the image and reputation of the petitioner but would also adversely impact my own life and the reputation of my parental family members in the society. 11. I solemnly declare that this affidavit is being filed voluntarily, of my own free will without any reservation whatsoever or threat, pressure and influence from any person and from any quarter and pray that this Hon'ble court be pleased to take the same on record in the above case 12. I, Pooja S. N., the second Respondent above named do hereby solemnly declare that this is my name and signature and that the contents of this affidavit are true and correct to the best of my knowledge, information and belief" 5. In view of the aforesaid affidavit filed on behalf of Respondent No.2, the question of continuing the impugned proceedings pursuant to the impugned FIR would not arise because second Respondent No.2 has unequivocally and unconditionally withdrawn all the - 6 - NC: 2025:KHC:21484 WP No. 580 of 2025 HC-KAR allegations by her in the complaint and the same deserves to be quashed.
Decision
6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned FIR in Crime No.5/2025 registered by the 1st Respondent – Police, for the offence punishable under Section 69 Bharatiya Nyaya Sanhitha 2023 insofar as the Petitioner concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bsv List No.: 2 Sl No.: 41