Criminal Petition No. 983 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 983 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: KANTHARAJU S/O GOPALAPPA, AGED ABOUT 38 YEARS, NO.464, 1ST STAGE, 4TH BLOCK, 4TH A MAIN, HBR LAYOUT, KALYANA NAGARA, BENGALURU – 560 043 (BY SRI. ARUN KUMAR Y. H., ADVOCATE) …PETITIONER AND: 1. THE STATE OF KARNATAKA THROUGH MADANAYAKANAHALLI P.S., BANGALORE THROUGH THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BANGALORE – 560 001 2. PAVITHRA G. J., D/O GURUMURTHY, AGED ABOUT 27 YEARS, NO.475, MADANAYAKANAHALLI, BENGALURU NORTH TALUK, BENGALURU – 562 162 Digitally signed by CHANDANA B M Location: High Court of Karnataka (BY SRI. NAGESHWARAPPA K., HCGP FOR R1 SRI. SHAKEER ABBAS M., ADV. FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED ..... IN SPL.C.NO.615/2024 PASSED BY THE LEARNED FAST TRACK - 2 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR COURT-1 BENGALURU RURAL DISTRICT BENGALURU PRODUCED HERETO AS ANNEXURE-A IN SO FAR AS THIS PETITIONER IS CONCERNED 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 has sought for the following relief:- “i) Set aside the
Decision
Order dated in Spl.C.No.615/2024 passed by the learned Fast Track Court-1, Bengaluru Rural District, Bengaluru, produced hereto as ANNEXURE-A, in so far as this Petitioner is concerned. ii) Consequently, Quash the Charge Sheet filed in Crime No.525/2024 dated 21/06/2024 registered by the Respondent No.1 Madanayakanahalli Police Station for the alleged offences punishable under Sections 323, 324, 354, 506, 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, pending before the Fast Track Court-1, Bengaluru Rural District, Bengaluru, produced hereto as ANNEXURE-B in so far as this Petitioner is concerned. iii) and grant such other and further reliefs in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint - 3 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR Memo and Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo and Joint Affidavit, which reads as under:- “JOINT MEMO The Petitioner and the Respondent No.2 above submits as under: 1. The Petitioner has filed the present criminal petition seeking set aside the Order taking Cognizance passed by the learned Fast Track Court-1, Bengaluru, Rural, Bengaluru in SPILLOR SPL-CC 810/2028 A Spl.C.No.615/2024 wherein the learned Trial Court was pleased to take cognizance, against the above Petitioner, for the offences punishable under Sections 323, 324, 354, 506 read with Section 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, 2012 and all further proceedings thereto, pending on the file of Fast Track Court-1, Bengaluru Rural, Bengaluru. 2. The Respondent No.2 had lodged a Complaint dated 21/6/2024 before the Respondent No.1 Police alleging - 4 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR sexual abuse which is came to be registered as Crime No. Crime No.525/2024 for offences punishable Under Sections 323, 324, 354, 506 read with Section 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, 2012. 3. That the informant had approached the respondent police with a written complaint dated 21/06/2024 which is nearly after lapse of 2 years from the alleged incident, alleging sexual harassment and assault etc 4. That the Petitioner is family friend of the Respondent No.2. There was a matrimonial issue was pending between Accused No.2 and father of victim. On this background the present complaint is filed. 5. The only allegation in the complaint is that Petitioner used to touch victim inappropriately. That after lapse of 2 years complaint is lodged by the sister of victim. 6. The dispute existed between the Petitioner and respondent No.2 is amicably settled and compromised out of Court. There is no necessity of further continuance of proceedings as against the Petitioner as the dispute is settled between the Parties. The dispute existed between the parties were purely personal in nature and no matter of public policy is Involved. 7. Both the Petitioner and the Respondent No.2 also confirms that they do not have any claims or whatsoever at present or in future as against each other in terms of monetary or any other modes. Further, both parties - 5 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR undertake no to interfere with the personal life of each other in future. 8. Therefore, under these circumstances the Respondent No.2 submits that she does not have any objection to allow the present Petition consequently quashing the trial Court proceedings. 9. The instant Memo is signed by the Parties on their own will and there is no coercion or undue influence. Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to allow the present Petition and quash the proceedings in Spl.C.No.615/2024 Split up Spl.C.C.No.810/2024 (crime No.525/2024) pending on the file of Fast Track Court-1, Bengaluru Rural District, Bengaluru, at Bengaluru in the interest of justice. JOINT AFFIDAVIT We, KANTHARAJU, S/o Gopalappa, Aged about 38 years, No.464, 1st Stage, 4th Block, A Main HBR Layout, Kalyana Nagara, Bengaluru 560 043, the Petitioner AND PAVITHRA G.J., D/o Gurumurthy, Aged about 27 years, No.475, Madanayakanahalli, Bengaluru North Taluk, Bengaluru 562162, the Respondent No.2., do hereby solemnly affirm on oath as follows: 1. That the Petitioner has filed the present criminal petition seeking set aside the Order taking Cognizance passed by the learned Fast Track Court-1, Bengaluru Rural, - 6 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR Bengaluru in Spl C.No.615/2024 in Split up Spl.CC No.810/2024, wherein the learned Trial Court was pleased to take cognizance, against the above Petitioner, for the offences punishable under Sections 323, 324, 354, 506 read with Section 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, 2012 and all further proceedings thereto, pending on the file of Fast Track Court-1, Bengaluru Rural, Bengaluru. 2. The Respondent No.2 had lodged a Complaint dated 21/6/2024 before the Respondent No.1 Police alleging sexual abuse which is came to be registered as Crime No. Crime No.525/2024 for offences punishable Under Sections 323, 324, 354, 506 read with Section 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act, 2012. 3. That the informant had approached the respondent police with a written complaint dated 21/06/2024 which is nearly after lapse of 2 years from the alleged incident, alleging sexual harassment and assault etc. to her sister. 4. That the Petitioner is family friend of the Respondent No.2. There was a matrimonial issue was pending between Accused No.2 and father of Accused No.2. On this background the present complaint is filed. 5. The only allegation in the complaint is that Petitioner used to touch her inappropriately. That after lapse of 2 years complaint is lodged. - 7 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR 6. The dispute existed between the Petitioner and respondent No.2 is amicably settled and compromised out of Court. There is no necessity of further continuance of proceedings as against the Petitioner as the dispute is settled between the Parties. The dispute existed between the parties were purely personal in nature and no matter of public policy is involved. 7. Both the Petitioner and the Respondent No.2 also confirms that they do not have any claims or whatsoever at present or in future as against each other in terms of monetary or any other modes. Further, both parties undertake no to interfere with the personal life of each other in future. 8. Therefore, under these circumstances the Respondent No.2 submits that she does not have any objection to allow the present Petition consequently quashing the trial Court proceedings. 9. The instant Affidavit is signed by the Parties on their own will and there is no coercion or undue influence. Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to allow the present Petition and quash the proceedings in Spl.C.No.615/2024 Split up Spl.C.C.No.810/2024, (crime No.525/2024) pending on the file of Fast Track Court-1, Bengaluru Rural District, Bengaluru, at Bengaluru in the interest of justice.” - 8 - NC: 2025:KHC:20031 CRL.P No. 983 of 2025 HC-KAR 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 Memo and Joint Affidavit both dated 11.06.2025. (ii) The proceedings in Spl.C.No.615/2024 Split up Spl.C.C.No.810/2024 arising out of Crime No.525/2024 registered for the offences punishable under Sections 323, 324, 354, 506, 34 of IPC and Sections 8 and 12 of the POCSO Act, pending on the file of Fast Track Court-1, Bengaluru Rural District, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 124