Criminal Petition No. 8622 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8622 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. SHANKAREGOWDA, AGED ABOUT 42 YEARS, S/O GOPAL GOWDA R/ AT BETHANGERE VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU KARNATAKA – 560 010 (BY SRI. LALITH KUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA,
Legal Reasoning
BY STATION HOUSE OFFICER, NELAMANGALA RURAL POLICE STATION, BENGALURU CITY, REP. BY HCGP, SPP OFFICE, HIGH COURT BUILDING, AT BENGALURU – 560 001
Legal Reasoning
2. SRI YATHISHA C., S/O. LATE CHANNARAYAPPA, AGED ABOUT 44 YEARS, R/ AT BETTAHALLI VILLAGE, MANDIGERE POST, KASABA HOBLI, NELMANGALA TALUK, BANGLORE DIST, KARNATAKA – 560 010 (BY SMT. SOWMYA R., HCGP FOR R1; SRI. RATHAN V., ADVOCATE FOR R2) …PETITIONER …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.220/2025 DATED 06.06.2025 REGISTERED BY THE RESPONDENT NO.1 WHICH IS PENDING BEFORE COURT OF THE PRL. CIVIL JUDGE (JR. DN) AND JMFC COURT NELAMANGALA BANGALORE RURAL DIST, REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 406, 420, 504, 506, OF THE IPC 1860. THIS PETITION, COMING ON FOR ADMISSION, 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:- “Wherefore, the petitioner humbly pray that this Hon’ble Court be pleased to quash the FIR in Crime No.0220/2025 dated 06.06.2025 registered by the Respondent No.1 which is pending before Court of the Prl. Civil Judge (Jr. Dn.) & JMFC Court, Nelamangala, Bangalore Rural Dist., registered for offences under Section 406, 420, 504, 506 of the Indian Penal Code 1860, upon such terms as this Hon’ble Court deems necessary, under the circumstances of the case, to secure the ends of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit dated 26.06.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR 3. Petitioner – accused, respondent No.2-complainant and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- ““JOINT AFFIDAVIT OF THE PARTIES I Sri. Shankaregowda, Aged about 42 years, S/o Gopal Gowda, R/@ Bethangere Village, DasanapuraHobli, Bengaluru north taluk, Bengaluru Karnataka being the Petitioner & 2. SRI. YETISHA. C. S/o. Late Channarayappa, Aged about 44 years, R/@ Bettahalli village, Mandigere Post, KasabaHobli, Nelmangala Taluk, Banglore Dist., being the Respondent No. 2 Karnataka do hereby solemnly affirm on oath and state as follows:- 1. We submit that, First us is the Petitioner and Second of us are the Respondents No. 2, respectively, in the above case and as such we know the facts and circumstances of the above case and hence, we are swearing this affidavit. 2. That the complainant/Respondent No 2 had lodged a complaint against the accused/Petitioner, resulting in registration of FIR in Cr. No 220/2025 dated 06.06.2025, under Sections 406, 420, 504 & 506 of the IPC at Nelamanagala rural Police Station, Bengaluru Rural. - 4 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR 3. After due discussion and advice of well-wishers, myself and the Petitioner have settled all the disputes and hence I am not willing to continue the case against the Petitioner & I have no objection to quash the entire proceedings against the Petitioners. 4. That during the pendency of proceedings, both parties have resolved the dispute amicably and voluntarily, without any force, coercion, or undue influence. 5. That the Petitioner has returned the entire amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) to the complainant which was transferred his family friend one named Rakesh R. from his Account Bearing No. 925010014781565 through RTOS on 21.06.2025 to Bhavya P. I.e., the Wife of the respondent No.2 having transaction RTGS/SK/UTIBR52025062100351543/1285BHA VYA P/STATE BANK ID OF INDIA as per the complainant's instructions. The copy of the Bank Transfer and the Aadhar card of Bhavya P. is annexed to this Affidavit as document No. 1 & 2 for the kind perusal of this Hon'ble court. 6. I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioner and realized that pending of the proceedings would hamper his future and hence desired to withdraw our allegations made against the - 5 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR Petitioner and close the case on our own will and volition. 7. I, the Second Respondent further state that that since all disputes between me and Petitioner are settled in full, I am not willing to prosecute our complaint against the Petitioner and have no objection to quash the FIR in Cr No. 220/2025, registered by Nelamangala rural Police Station, for the offences made penal under Sections 406, 420, 504 & 506 of the Indian Penal Code, now pending before PRL. Civil Judge (JnDn) & JMFC Court Nelamangala, Bangalore Rural Dist. 8. We state that in view of the mutual settlement of all disputes pending between us, we have no grievances or claim against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, seeking to quash the case in Cr No. 220/2025, registered by Nelamanagala rural Police Station, for the offences made penal under Sections 406, 420, 504 & 506 of the Indian Penal Code, now pending before PRL. Civil Judge (Jr. Dn.) & JMFC Court, Nelamangala, Bangalore Rural Dist. 9. We state that we have no further claims and counter claims on each other as all disputes and claims are settled in full and final.” - 6 - NC: 2025:KHC:22573 CRL.P No. 8622 of 2025 HC-KAR 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 26.06.2025. (ii) The proceedings in Crime No.220/2025 of 1st respondent – Police registered for the offences punishable under Sections 406, 420, 504, 506 of IPC, pending on the file of Principal Civil Judge (Jr.Dn.) & JMFC, Nelamangala, Bangalore Rural District, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 62