Karnataka High Court
Sri Madhusudhan K G vs State Of Karnataka on 19 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 1574 of 2025
C/W CRL.P No. 2304 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1574 OF 2025 (482(Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO. 2304 OF 2025(482(Cr.PC) / 528(BNSS)
IN CRL.P No. 1574/2025
BETWEEN:
SRI MADHUSUDHAN K. G.,
S/O GAJENDRA K. R.,
AGED ABOUT 33 YEARS,
R/AT NO.5105, KAUVERY ROAD,
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTARICT,
BENGALURU 562123
INDICATED IN FIR AS:
SRI MADHU,
TB STOP, NELAMANGALA,
BENGALURU DISTRICT,
KARNATAKA
Digitally signed ...PETITIONER
by LEELAVATHI (BY SMT. SHRIDEVI BHOSALE, ADVOCATE)
SR
Location: High
Court of AND:
Karnataka
1. STATE OF KARNATAKA,
BY NELAMANAGAL TOWN POLICE,
BENGALRUU RURAL DISTRICT,
BENGALURU 562162.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALRUU 560001
2. SMT. SRUTHI N. R.,
D/O RAJU,
AGED ABOUT 30 YEARS,
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CRL.P No. 1574 of 2025
C/W CRL.P No. 2304 of 2025
R/AT YALAMMA NAGARA,
WEAVERS COLONY, NELAMANGALA TOWN,
BENGALURU RURAL DISTRICT,
BENGALURU 562123
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP, FOR R1
SMT. SRUTHI N.R., ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND
COMPLAINT DATED 02.01.2025 IN CRIME NO. 0001/2025 (OF THE
RESPONDENT NO.1 POLICE) FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 64(2)(m), 69, 77, 78, 115(2), 351(2) AND 352 OF
BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE
II ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, AS
AGAINST THE PETITIONER WHO IS ACCUSED NO.1 VIDE,
ANNEXURE A AND B.
IN CRL.P NO. 2304/2025
BETWEEN:
1. SRI GAJENDRA K. R.,
S/O. RAMANNA,
AGED ABOUT 63 YEARS,
R/AT NO. 5105, KAUVERY ROAD,
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
INDICATED IN F.I.R. AS:
FATHER OF MADHU,
TB STOP, NELAMANGALA,
BENGALURU DISTRICT, KARNATAKA.
2. SMT. MEEAKSHI K.S.,
W/O. GAJENDRA K. R.,
AGED ABOUT 55 YEARS,
R/AT NO. 5105, KAUVERY ROAD,
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CRL.P No. 1574 of 2025
C/W CRL.P No. 2304 of 2025
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
INDICATED IN F.I.R. AS:
MOTHER OF MADHU,
TB STOP, NELAMANGALA,
BENGALURU DISTRICT, KARNATAKA.
3. SMT. PRABHAVATHI K.S.,
W/O. GAJENDRA K. R.,
AGED ABOUT 51 YEARS,
R/AT NO. 5105, KAUVERY ROAD,
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
INDICATED IN F.I.R. AS:
AUNT OF MADHU,
TB STOP, NELAMANGALA,
BENGALURU DISTRICT,
KARNATAKA.
4. SRI. RAGHAVENDRA K. G.,
S/O. GAJENDRA K. R.,
AGED ABOUT 32 YEARS,
R/AT NO. 5105, KAUVERY ROAD,
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
INDICATED IN F.I.R. AS:
RAGHU, TB STOP,
NELAMANGALA, BENGALURU DISTRICT,
KARNATAKA.
5. KUM. ANNAPOORNA K. G.,
D/O. GAJENDRA K. R.,
AGED ABOUT 30 YEARS,
R/AT NO. 5105, KAUVERY ROAD,
VIJAYNAGARA, NELAMANGALA,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
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CRL.P No. 1574 of 2025
C/W CRL.P No. 2304 of 2025
INDICATED IN F.I.R. AS:
POORNIMA,
TB STOP, NELAMANGALA,
BENGALURU DISTRICT,
KARNATAKA.
6. SMT. JANAKI A.,
D/O AUJINAPPA,
AGED ABOUT 40 YEARS,
R/AT NELAMANGALA TALUK,
MANDIGERE,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123
INDICATED IN F.I.R AS:
STUDIO WORKER LADY AT
MADHU STUDIO,
BENGALURU DISTRICT,
KARNATAKA
...PETITIONERS
(BY SMT. SHRIDEVI BHOSALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY NELAMANGALA TOWN POLICE,
BENGALURU RURAL DISTRICT,
BENGALURU-562162.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT. SRUTHI N.R.,
D/O. RAJU,
AGED ABOUT 30 YEARS,
R/AT YALAMMA NAGARA,
WEAVERS COLONY,
NELAMANGALA TOWN,
BENGALURU RURAL DISTRICT,
BENGALURU-562 123.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)
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CRL.P No. 1574 of 2025
C/W CRL.P No. 2304 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND
COMPLAINT DATED 02.01.2025 IN CRIME NO. 0001/2025 (OF THE
RESPONDENT NO.1 NELAMANGALA TOWN POLICE) FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 64(2)(M), 77, 78, 352,
351(2), 115(2), 69 OF BNS, 2023, PENDING ON THE FILE OF THE II
ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, AS
AGAINST THIS PETITIONERS WHO ARE ACCUSED NO. 2 TO 7,
VIDE ANNEXURE A AND B.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In Crl.P.No.1574/2025, petitioner has sought for the following reliefs:-
" i. Quash the FIR and Complaint dated 02.01.2025 in Crime No.1/2025 (of the Respondent No.1-Police) for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, as against the petitioner who is accused No.1, vide Annexure-A and B, and ;
ii. Pass any other orders that this Hon'ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity."
2. In Crl.P.No.2304/2025, petitioners have sought for the following reliefs:-
-6-NC: 2025:KHC:7471 CRL.P No. 1574 of 2025 C/W CRL.P No. 2304 of 2025 " i. Quash the FIR and Complaint dated 02.01.2025 in Crime No.1/2025 (of the Respondent No.1-Police) for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, as against the petitioners who are accused Nos.2 to 7, vide Annexure-A and B, and ;
ii. Pass any other orders that this Hon'ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity."
3. The petitioner in Crl.P.1574/2025 is in judicial custody.
Learned counsel for the petitioners - accused Nos.2 to 7 in Crl.P.No.2304/2025 and accused No.1 in Crl.P.No.1574/2025 and respondent No.2- complainant have filed a Joint Affidavit duly signed by petitioners - accused Nos.2 to 7, their counsel and respondent No.2-complainant and the same is taken on record.
4. The petitioners - accused Nos.2 to 7 in Crl.P.No.2304/2025, their counsel, counsel for the petitioner-
accused No.1 in Crl.P.No.1574/2025 and respondent No.2- complainant are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
-7-NC: 2025:KHC:7471 CRL.P No. 1574 of 2025 C/W CRL.P No. 2304 of 2025 JOINT AFFIDAVIT "We, 1. Gajendra K.R.,S/o. Ramanna, Aged about 63 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru - 562123.
2. Meenakshi K.S., W/o. Gajendra K.R., Aged About 55 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru - 562123.
3. Prabhavathi K.S., W/o. Gajendra K.R., Aged about 55 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru - 562123,
4. Raghavendra K.G., S/o. Gajendra K.R., Aged about 32 years, R/at: No. Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru - 562123, 5.
Annapoorna K.G., D/o. Gajendra K.R., Aged about 32 years R/at: No. Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru - 562123, 6. Janaki A., D/o. Anjinappa, Aged about 40 years, R/at: No. Nelamangala Taluk, Mandigere, Bengaluru Rural District, Bengaluru - 562123, 7. Sruthi N.R., D/o. Raju, Aged about 30 years R/at:
Yalamma nagara, Weavers colony, Nelamangala Town, Bengaluru Rural District, Bengaluru - 562123, do hereby solemnly affirm and state on oath as follows:
1. We submit that, we the Deponent Nos. 1 to 6 to this affidavit are the Petitioners in Crl.Pet.No.2304/2025 and I the Deponent No.7 to this affidavit is the Respondent No.2 in both the Petitions and hence, we know the facts and circumstances of this case and hence are swearing to this affidavit.-8-
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2. We, the Deponent No.1 to 6 further depose that, as the Petitioner in Crl.P.No.1574/2025, who is the Accused No.1 in the case is presently in judicial custody, we depose that the Deponent No.5 has been authorised to swear to the contents of this affidavit on behalf of Petitioner in Crl.P.No.1574/2025.
3. We submit that, we have settled and compromised the disputes between us the Deponent No.1 to 7 and also the Petitioner in Crl.P.No.15/2025, amicably in the given facts and circumstances of this case, and hence we are jointly swearing the contents of this Joint Affidavit.
4. I the Deponent No.7 submit that based on the complaint filed by me, the Respondent No.1 Police have registered an FIR in Crime No.0001/2025 against the Petitioners, who are Deponent No.1 to 6 and Petitioner in Crl.P.No.1574/2025, for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 and have registered FIR, taken up investigation and continued criminal proceedings, pending on the file of II Additional Civil Judge and JMFC, Nelamangala, against the Deponent Nos. 1 to 6, which proceedings are challenged by the Deponent Nos.1 to 6 and Petitioner in Crl.P.No.1574/2025 before this Hon'ble Court. I further submit that, the impugned proceedings were initiated by me involving the Petitioners herein, due to misunderstandings between me and Petitioner in -9- NC: 2025:KHC:7471 CRL.P No. 1574 of 2025 C/W CRL.P No. 2304 of 2025 Crl.P.No.1574/2025 who is the Accused No.1 in this case.
5. I the Deponent No.7 most respectfully submit that, me being young and of marriageable age, I do not intend to pursue these proceedings against the Petitioners herein and also the Accused No.1,as the same may affect my marriage prospects.
6. We submit that, we have settled the disputes between us and have mutually agreed to bring closure to all the pending litigation between us.
7. I the Deponent No.7 submit that, having amicably settled the issues with the Deponent Nos.1 to 6 herein, I have no objection of any kind to record a settlement and compounding of the offences and quash the proceedings in Crime No.0001/2025, pending against the Deponent Nos.1 to 6, for offence punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of II Additional Civil Judge and JMFC, Nelamangala, as prayed by them in the petition.
8. I the Deponent No.7 submit that, keeping my young age, and career prospects as submitted above, I intend to give a quietus to all the issues between us by way of closing the litigations between us.
9. We state that, the copies of the Aadhaar cards of the Deponent Nos.1 to 7 and Petitioner in
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NC: 2025:KHC:7471 CRL.P No. 1574 of 2025 C/W CRL.P No. 2304 of 2025 Crl.P.No.1574/2025 are produced herewith for the kind perusal of this Hon'ble Court.
Wherefore, we respectfully pray before this Hon'ble Court may kindly be pleased to record the settlement, allow the accompanying petition and quash the entire proceedings pending in Crime No.0001/2025, for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of II Additional Civil Judge and JMFC, Nelamangala, against the Deponent Nos.1 to 6 who are Petitioners in Crl.P.No.2304/2025 who are arrayed as Accused No.2 to 7 therein, and Petitioner in Crl.P.No.1574/2025 who is arrayed as Accused No.1 therein, in the interest of justice and equity."
5. Further, the petitioner in Crl.P.No.1574/2025 is in judicial custody and his counsel submits that petitioner-accused No.1 has amicably settled the matter with respondent No.2- complainant.
6. In view of the aforesaid settlement entered into between the petitioners in both the petitions and respondent No.2- complainant, I pass the following:
ORDER
(i) Crl.P.Nos.1574/2025 and 2304/2025 are allowed and disposed of in terms of the Joint Affidavit dated 19.02.2025.
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(ii) The proceedings in Crime No.1/2025 registered by respondent No.1-Police, for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, are hereby quashed.
(iii) Further, respondent No.1-Police is directed to release the petitioner-accused No.1 in Crl.P.No.1574/2025 forthwith, immediately, without any delay.
(iv) Registry is directed to communicate this order to the 1st respondent-Police as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC/SRL List No.: 4 Sl No.: 2