SHIKHAR KUMAR v. SUNITI DAS & Ors.

(BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.2; SRI. T.A.RAJASHEKAR, ADVOCATE FOR RESPONDENT NO.1) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO.0132/2025 Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR REGISTERED BY BELLANDURU POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTION 3(2)(v) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, PURSUANT TO THE CHARGE SHEET DATED 03.07.2025, NOW PENDING IN SPL.C NO.1598/2025 ON THE FILE OF THE COURT OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-71), BENGALURU, IN EXERCISE OF THE INHERENT POWERS OF THIS HON'BLE COURT UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has filed this petition challenging the prosecution launched against him in Spl.C.No.1598/2025 pending trial before the LXX Additional City Civil and Sessions Judge (CCH-71), Bengaluru, for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita (BNS) 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

#2. When this petition is listed for admission, the petitioner and the respondent No.1 are present and they - 3 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR submit that they have settled the dispute. They have also filed a joint affidavit along with a memorandum of understanding entered between them. The same is taken on record.

#3. The joint affidavit filed by the petitioner and respondent No.1 reads as follows:- "JOINT AFFIDAVIT FILED BY THE PETITIONER AND RESPONDENT NO.1 We, No.1 Shikhar Kumar, Petitioner/Accused herein, S/o Shivjee Kumar Gupta Aged about 29 years R/at Muni Bhawan, West of TPS College, Chiriyand, Patna, Bihar 800001 and No.2 Suniti Das, D/o Bimal Prasad Das R/at Sai Krupa, Serenity Layout, Kaikondarahalli, Off Sarjapur Road, Bengaluru-560035 Respondent No.1/Complainant, Petitioner/Accused Respondent No.1/Complainant herein, being duly acquainted with the facts of the case, do hereby jointly solemnly affirm and state as follows:

#1. We submit that Respondent No.1 had lodged a complaint Crime no.132/2025 before Bellandur Police Station, Bengaluru, pursuant to which an FIR came to be registered against Petitioner for offences punishable under - 4 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and after investigation, charge sheet has been in Special Case No.1598/2025, presently pending on the file of the Hon'ble LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71).

#2. We submit that the Petitioner and Respondent No.1 were known to each other for a considerable period and shared a personal relationship.

#3. We state that during the course of the said relationship, disputes and misunderstandings arose between us, which ultimately led to the filing of the above complaint.

#4. We state the dispute between Petitioner and Respondent No. 1 has been voluntarily and amicably settled through mutual understanding, of their own free will and without any coercion, undue influence or pressure, and the parties have agreed to bring the dispute to a complete and final closure. - 5 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR

#5. We submit reflection reconciliation, both parties have mutually agreed to put an end to all grievances and move forward peacefully in their respective lives.

#6. Respondent No.1 states that she has, of her own free will and volition, decided to settle the matter amicably and has no subsisting personal grievance against the Petitioner in relation to the subject matter of the present proceedings.

#7. We state that the present settlement has been entered into voluntarily, without force, coercion, influence, pressure, misrepresentation, or unlawful inducement from any person whatsoever.

#8. We submit a Memorandum Understanding / Settlement-cum-Undertaking Agreement dated 28.02.2026 has been executed between us, recording the terms of our amicable settlement and future conduct.

#9. Respondent No.1 states that she has no objection to this Hon'ble Court considering the settlement arrived at between the parties while adjudicating the present Criminal Petition - 6 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR seeking quashing of the FIR, complaint, charge sheet, and all further proceedings in Special Case No.1598/2025.

#10. We respectfully submit that in view of the settlement and the absence of any continuing dispute between us, continuation of present proceedings would not serve any useful purpose and would only prolong litigation.

#11. We jointly undertake to maintain peace, cordiality, and mutual respect hereafter, and not to engage in harassment, intimidation, defamatory acts, retaliatory conduct, or unlawful interference in each other's lives.

#12. We state that this affidavit is executed voluntarily for the purpose of placing on record the settlement arrived at between us and to assist this Hon'ble Court in arriving at a just and equitable decision in the matter.

#13. We therefore respectfully pray that this Hon'ble Court may be pleased to take this settlement on record and pass such orders as deemed fit in the interest of justice." - 7 - NC: 2026:KHC:24179 CRL.P No. 6699 of 2026 HC-KAR

#4. The petitioner and the respondent No.1 are identified by their respective counsel. In token of their acceptance of terms mentioned in the joint affidavit, the parties and their respective counsel have affixed their signatures to the order sheet of this Court.

#5. In view of the above, continuation of the criminal proceedings against the petitioner is unwarranted.

#6. Consequently, this petition is allowed. The impugned prosecution of the petitioner in Spl.C.No.1598/2025 pending trial before the LXX Additional City Civil and Sessions Judge (CCH-71), Bengaluru, for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita (BNS) 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is quashed.

#7. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand disposed off. PMR List No.: 2 Sl No.: 52 Sd/- (R. NATARAJ) JUDGE