Arun Kumar B H Vs State by

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1592 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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ARUN KUMAR B H S/O HUCCHEGOWDA AGED ABOUT 33 YEARS, R/AT NO.16, 8TH MAIN 7TH CROSS MUNESHWARA LAYOUT HONGASANDRA

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BENGALURU – 5600 068.

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DEEPAK P S/O PERUMAL AGED ABOUT 26 YEARS, NO.71/22, 10TH MAIN 1ST CROSS, MARUTHI LAYOUT, HONGASANDRA

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BANGALORE CITY – 560 068.

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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SUNDRESHAN S/O VELU, AGED ABOUT 26 YEARS, C/O ANANDA RENTED HOUSE, 7^TH CROSS NEAR DEVARACHIKKANAHALLI, BUS STOP DEVARACHIKKANAHAL BANGALORE 560 076.

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VINAY KUMAR D S/O LATE DEEPAK KUMAR AGED ABOUT 26 YEARS, R/AT NO.353/3, 6^TH MAIN ROAD, 6^TH CROSS BALAJI LAYOUT HONGASANDRA BENGALURU 560 068.

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…PETITIONERS

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(BY SRI. RANGANATH REDDY R.,ADVOCATE)

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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AND:

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STATE BY BOMMANAHALLI POLICE STATION, BENGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA PINCODE- 560 001.

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TOUSIFF AHMED S/O ASHIF AHMED AGED ABOUT 31 YEARS, NO.5 C/O DINESH 4^TH CROSS SHAMA MEDICAL ROAD, OPP ST JOESH SCHOOL, VIRATA NAGARA, BOMMANAHALLI BANGALORE CITY PINCODE-560 066.

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…RESPONDENTS

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(BY SRI. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. H.S. GAURAV, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ARISING OUT OF CASE IN CRIME NO.108/2024 REGISTERED BY BOMMANAHALLI POLICE REGISTERED IN CMM COURT, BENGALURU AND NOW PENDING AS CC.NO.28952/2024 BEFOE THE CMM AT BANGALORE FOR THE OFFENCES P/U/S 341, 323, 324, 327, 504, 506 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners have sought for the following

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reliefs:-

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(i) Call for records, if necessary.

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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(ii) To quash the entire proceedings arising out of case in Crime No.108/2024 registered by Bommanahalli Police registered in CMM Court, Bengaluru and now pending as C.C.No.28952/2024 before the Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 341, 323, 324, 327, 504, 506 of IPC in the interest of justice and equity.

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(iii) Grant such other order or orders, which this Hon’ble Court may be pleased to pass, in the circumstances of the case, to stall the abuse of process of Court, in the interest of justice.”

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Learned counsel for the petitioners – accused Nos.1 to

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4 and learned counsel for 2^nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2^nd respondent and their respective counsel and the same is taken on record.

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Petitioners – accused Nos.1 to 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-

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“ JOINT AFFIDAVIT

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We, (1) Arun Kumar B H, s/o Hucchegowda, aged about 33 years, r/at No-16, 8th main, 7th cross, Muneshwara Layout, Hongasandra, Bangalore, the Petitioner No.1/Deponent No.1 in the above case,

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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(2) I, Deepak P, s/o Perumal, aged about 26 years, #71/2,10th main, 1st cross, Maruthi Layout, Hongasandra, Bangalore City, the Petitioner No.2/Deponent No.2. in the above case,

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(3)1, Sundareshan, s/o Velu, aged about 26 years c/o Ananda Rented House, 7th cross, near Devarachikkanahalli, Bus stop, Devarachikkanahal, Bangalore City, the Petitioner No.3 in the above case 4) I, Vinay Kumar D, s/o Late Deepak Kumar, aged about 26 years,r/at No-363/3,6th main road, 6th cross, Balaji Layout, Hongasandra, Bengaluru city, the Petitioner No.4/the deponent in the above case,

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(5) I, Tousif Ahmed, s/o Asif Ahmed, aged about 31 years, r/at No 5 c/o Dinesh, 4th cross, Shama Medical Road, Opp St. Joseph School, Virata Nagara, Bommanahalli Bangalore city, the Respondent No 2/deponent No.5 in the above case,

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We are all well conversant with the facts of the above application.

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1. We Deponent No.1 to Deponent No.4 are the Petitioners in the above matter and I, Deponent No. 5 is the Respondent No.2 in the above matter. Hence, we are competent to swear to this Joint Affidavit.

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2. The averments made in the accompanying application settlement and to quash the proceedings are true

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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and correct to the best of our knowledge, information and belief.

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3. I, Deponent No. 5/2nd respondent in the above matter have come forward to settle the criminal proceedings initiated by me against the Deponent No.1 to Deponent No.4/Petitioners which was done by me under mental distress and in consideration of the future prospects of both the families. We are desirous of settling the matter considering that the dispute. Hence, we have agreed to quash/compound criminal case in Crime No.108/2024 for offences punishable under sections 341, 323, 324, 504, 506, 34 of IPC pending before the before the Chief Metropolitan Magistrate, Bengaluru..”

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In view of the aforesaid settlement entered into

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between the petitioners and 2^nd respondent, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of Joint Affidavit dated 06.02.2025.

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(ii) The proceedings in C.C.No.28952/2024 (arising out of Crime No.108/2024 of 1^st respondent – Police) registered for the offences punishable under Sections 341, 323, 324, 327, 504, 506 of IPC pending on the file of Chief Metropolitan

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NC: 2025:KHC:5539 CRL.P No. 1592 of 2025

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Magistrate, Bengaluru insofar as the petitioners are concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR)

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JUDGE

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MDS List No.: 1 Sl No.: 98

Arun Kumar B H v. State by

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Arun Kumar B H v. State by

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