Criminal Petition No. 5453 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 5453 OF 2022 BETWEEN:
Legal Reasoning
1. SRI RAKESH PANDYA S/O NARENDRA BHAI PANDYA AGED 35 YEARS, R/AT NO.1060 SIDDHIVINAYAK RESIDENCE NEAR MUNI DAIRY CHOWK AMBAVADE BHAVNAGAR, GUJARAT STATE-364 001 (BY SRI. TUSHAR VADWADGI AND SMT. POONAM D. NAIK, ADVOCATES) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGLAURU-560 001. 2. SMT. ASHWINI ATRE W/O SRINIDHI DESHPANDE AGED 34 YEARS, R/AT NO.3, SURABHI 1ST CROSS, NAVODAYA NAGAR, JP NAGAR, 7TH PHASE, BENGALUR-560 078. …PETITIONER …RESPONDENTS - 2 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR (BY SMT:WAHEEDA M M, HCGP FOR R1, SMT:SONIA RAJESH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3330/2022 ARISING OUT OF CR.NO.37/2021 OF IST RESPONDENT POLICE PENDING ON THE FILE OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE FOR THE OFFENCE P/U/S.417,420,504,506 OF IPC (ANNEXURE-A); QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.3330/2022 ARISING OUT OF CR.NO.37/2021 OF IST RESPONDENT POLICE PENDING ON THE FILE OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE FOR THE OFFENCE P/U/S.417,420,504,506 OF IPC (ANNEXURE-B). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. Petitioner is before this Court seeking for the following ORAL ORDER reliefs. "i. Quash the entire proceedings in CC No.3330/2022 arising out of Crime No. 37/2021 of 1 Respondent Police pending on the file of VI Additional Chief Metropolitan Magistrate, the offence punishable under Sections 417, 420, 504 and 506 of Indian Penal Code (IPC) (Annexure-A); for ii. Quash the entire chargesheet in CC No.3330/2022 arising out of Crime No. 37/2021 of 1st Respondent Police pending on the file of VI Additional the offence Chief Metropolitan Magistrate, punishable under Sections 417, 420, 504 and 506 of Indian Penal Code (IPC) (Annexure-B); for iii. And or any other relief which this Hon'ble Court may deem fit in the interest of justice.." - 3 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR 2. The proceedings in CC No.3330/2022 arising out of the Cr.No.37/2021 has been initiated against the petitioner under Sections 417, 420, 504 and 506 of IPC on the allegations made by respondent No.2 that the petitioner had made a false promise of marriage. During pendency of the matter, the parties have resolved the dispute amicably, a memo dated 29.05.2025 has been filed enclosing the affidavit of respondent No.2, which reads as under: I, Ashwini Atre W/o. Shrinidhi Deshpande, aged about 36 years, R/A: No. 3, Surabhi, 1st cross, Navodaya Nagar, JP Nagar, 7th Phase, Bengaluru 560078, presently at: 16 Craighill Manor Ballyclare BT399QA United Kingdom do here by solemnly affirm and state under oath as follows, 1. I am the complainant in the Crime No. 37/2021 registered with Mico layout Police Station, now pending on the file of Chief Judicial Magistrate, Bengaluru City in C.C. No. 3330/2022. I am well conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I am a Citizen of UK. I am married to Shrinidhi Deshpande. I am presently living in the above-mentioned address with my husband and my son. 3. I came to Bengaluru in 2019 and met the Petitioner. I got to know the above Petitioner, through an online matrimonial portal during my stay in - 4 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR Bengaluru. The Petitioner and I got to know each other and there were consensual intimate moments between us. There was a lot of misunderstanding due to differences in our personalities and temperament. 4. The Petitioner and I mutually ended our relationship during my stay in India, due to serious and acrimonious irreconcilable differences, which caused ongoing conflict and distress in my marital life. During a time of my emotional instability, the Petitioner and I had complex interactions, including consensual coitus unions. These events caused me emotional confusion and blurred personal boundaries. 5. I and the Petitioner parted ways on bitter note. There was some residual conflict which resulted in trauma, this stemmed further conflict between Petitioner and me. During this period, I was ill- advised by people I knew, who mislead me to take legal action and therefore coming under pressure and acting from frustration I have filed this complaint against the above Petitioner which was registered in Crime No. 37/2021 with Mico Layout Police Station, after investigation the Respondent No. 1 Police have filed charge sheet and the case is pending on the file of Chief judicial Magistrate, Bengaluru city in C.C. No. 3330/2022 6. I state that my continued involvement in the case is no longer aligned with my emotional needs or future aspirations. Having undergone trauma and endured protracted litigation, I earnestly seek to be allowed to heal, live peacefully, and move forward in my Matrimonial life as is my human right. 7. I must look after my family and consider their well-being as well. Therefore, I no longer wish to prosecute Rakesh Pandya who is the accused in C.C. No. 3330/2022 pending on the file of Chief judicial Magistrate, Bengaluru City and is facing charges punishable under sec. IPC 420, 417, 504, 506. - 5 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR Wherefore, with the permission of this Hon'ble Court, I humbly seek to withdraw my complaint filed against the Petitioner dated: 22-02-2021 registered in Crime No. 37/2021, as I have mutually settled all personal disputes with the Petitioner. 8. I have executed this affidavit, acting on my own will and volitation, without coming under any coercing or any undue influence or threat from anyone in any manner. 9. At present I am residing at United Kingdom, I am unable to travel to India for executing and filing this affidavit or attend this Hon'ble court due to certain inconveniences. Hence, I have executed this affidavit in front of public notary in Indian embassy located at United Kingdom and my counsel authorized by me representing before Hon'ble High court shall file this affidavit seeking to allow this Criminal Petitioner No. 5453/2022 and the criminal case pending on the file of Chief judicial Magistrate, Bengaluru city in C.C. No. 3330/2022 against Rakesh Pandya, the Petitioner herein." 3. Both petitioner and respondent No.2 are present before this Court through video conferencing and are identified by their respective counsels. On enquiring with respondent No.2, she submitted that the affidavit has been filed of her free will and she does not wish to prosecute the matter against the petitioner. She has submitted that respondent No.2 is now married and - 6 - NC: 2025:KHC:18433 CRL.P No. 5453 of 2022 HC-KAR residing in the United Kingdom. The said affidavit is taken on record. 4. In view of the categorical statement made by respondent No.2 that she does not wish to prosecute the petitioner, I proceed to pass the following order:
Decision
ORDER (i) Criminal petition is allowed. (ii) The proceedings in CC No.3330/2022 arising out of Cr.No.37/2021 now pending on the file of VI Additional Chief Metropolitan Magistrate, now transferred to the Court of Chief Judicial Magistrate is hereby quashed. SD/- (SURAJ GOVINDARAJ) JUDGE BH List No.: 2 Sl No.: 64