Karnataka High Court
Sagar Mukherjee vs State Of Karnataka on 14 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:26057
CRL.P No. 9256 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 9256 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. SAGAR MUKHERJEE
S/O SHYAM SUNDAR MUKHERJEE
AGED ABOUT 31 YEARS
2. SHYAM SUNDAR MUKHERJEE
S/O BHASKAR PRASAD MUKHERJEE
AGED ABOUT 60 YEARS
3. MOUSUMI MUKHRJEE
D/O HARDHAN CHATTERJEE,
W/O SHYAM SUNDAR MUKHERJEE,
AGED ABOUT 51 YEARS
ALL ARE RESIDING AT
GOPALPUR VILLAGE,
BISHNUPUR TALUK,
BANKURA DISTRICT,
Digitally
signed by WEST BENGAL - 722 122
CHANDANA ...PETITIONERS
BM (BY SRI. NARESH KUMAR P. C., ADVOCATE)
Location:
High Court
of Karnataka AND:
1. STATE OF KARNATAKA
BY SIDDAPURA POLICE
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING COMPLEX,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001
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NC: 2025:KHC:26057
CRL.P No. 9256 of 2025
HC-KAR
2. DEBAPRIYA KARMAKAR
D/O S. H. NARYAN KARMAKAR
AGED ABOUT 29 YEARS
R/AT FLAT NO. 6, D-158/C
SECOND FLOOR
FREEDOM FIGHTER ENCLAVE
NEB SERAI
NEW DELHI - 110 068
...RESPONDENTS
(BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. A. LOURDU MARIYAPPA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.39903/2024 ARISING OUT OF CR.NO.130/2024, PENDING ON
THE FILE OF THE HON'BLE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, BANGALORE CITY, FOR THE OFFENCES
PUNISHABLE UNDER SECTION 328, 376, 323, 506, 34 OF IPC, AT
ANNEXURE-D.
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, petitioners have sought for the following reliefs:-
"WHEREFORE, the petitioners most humbly pray that this Hon'ble Court may be pleased to quash the entire Proceedings in C.C. No.39903/2024 pending on the file of the Hon'ble II Additional Chief Judicial Magistrate Court, Bangalore City arising out of Crime No.130/2024 for the offences punishable under section 328, 376, 323, 506 & 34 of Indian Penal Code at ANNEXURE -D in the interest of justice and equity."-3-
NC: 2025:KHC:26057 CRL.P No. 9256 of 2025 HC-KAR
2. Learned counsel for the 2nd respondent - complainant has filed an affidavit duly signed by 2nd respondent and her counsel and the same is taken on record.
3. Petitioners - accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Affidavit of respondent No.2 which reads as under:-
"Affidavit I, Ms. Debapriya Karmakar, D/o Sh. S. H. Narayan Karmakar, Aged about 29 years, R/atFlat No.-6, D-158/C, Second Floor, Freedom Fighter Enclave, Neb Sarai, New Delhi-110068,the (Respondent No.-2). today at. Bengaluru, Karnataka, do hereby solemnly affirm and state on oath as under:
1. That I am respondent no.2 in the above stated matter, being complainant of FIR/ Case No. 130/2024, P.S. Siddapura, Bengaluru, U/S 328/376/323/506/34 IPC, upon which C.C. No.-39903/2024 was initiated before court of Hon'ble Additional Chief Judicial Magistrate 11, Bangaluru City,am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2. That I have filed complaint before Police Station, Mehrauli, Delhi against the petitioners, upon which Zero FIR -4- NC: 2025:KHC:26057 CRL.P No. 9256 of 2025 HC-KAR was lodged by the Police Station, Mehrauli, Delhi and same was later transferred to Siddapura Police Station, Bengaluru, and the concerned police station has registered as case No. 130/2024, U/S 328/376/323/506/34 IPC against the petitioners herein.
3. 1 further submit that at the intervention of the elders and well-wishers, and explanation understood the true and correct facts. Upon understanding the situation, Respondent No. 2 acknowledged that her complaint was filed under a genuine but mistaken apprehension. Consequently, Respondent No. 2 conveyed her desire not to pursue the FIR any further. The parties amicably settled the matter, and the terms of the settlement were duly reduced into writing as enumerated in the Annexure P-2. The Respondent No. 2 wishes not to pursue the above said C. C. No. 39903/2024, pending before the Hon'ble court of Ld. Additional Chief Judicial Magistrate-II, Bengaluru City anymore.
4. That I have no objection if the entire proceedings in C.C. No.39903/2024 pending on the file of II Addl Chief Judicial Magistrate, Bengaluru arising out of Crime in FIR No. 130/2024, by Siddapura Police/Respondent No.1 Bengaluru, and filed charge sheet for the offences punishable under section 323, 342, 376, 506&34 IPC is quashed by the Hon'ble court. & I have received a D.D for Rs.7,00,000/- for litigation cost.
5. That the contents of the above affidavit has been read over and explained to me in vernaculars and after -5- NC: 2025:KHC:26057 CRL.P No. 9256 of 2025 HC-KAR understanding the same I say that facts stated therein are true and correct."
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 the Affidavit of respondent No.2 dated 14.07.2025.
(ii) The proceedings in C.C.No.39903/2024 (arising out of Crime No.130/2024 of 1st respondent -
Police) registered for the offences punishable under Sections 328, 376, 323, 506 and 34 of IPC, pending on the file of II Additional Chief Judicial Magistrate Court, Bengaluru City, insofar as the petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 17