Kumar Rao N Vs State of Karnataka

KUMAR RAO.N S/O. NITHIN RAO.E AGED ABOUT 19 YEARS, R/AT NO.3, 2^ND CROSS, NEAR SHALINI BAR, SEETHAPPA LAYOUT, CHAMUNDI NAGAR, BANGALORE-560 032. (IN JUDICIAL CUSTODY)

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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…PETITIONER

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(BY SRI. VIDYA SAGAR.H.V., ADV. FOR SRI. KEMPARAJU, ADV.)

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AND:

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STATE OF KARNATAKA

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BY R.T.NAGARA POLICE BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR,

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HC-KAR

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HIGH COURT COMPLEX, BENGALURU-560 001.

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KARTHIK S/O. VINAYAK, AGED ABOUT 29 YEARS, R/AT 324, 3^RD FLOOR, THIMMAYYA ROAD, QUEENS ROAD, VASANTH NAGARA, BANGALORE-560 051.

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…RESPONDENTS

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(BY SRI. RAHUL RAI.K., HCGP FOR R1; KUMARI N.CHAITRAVARSHINI, ADV. FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.270/2025 REGISTERED BY RESPONDENT NO.1 IN R.T.NAGARA POLICE, BENGALURU, FOR THE OFFENCES P/U/S 75(1),76 OF BNS, PENDING ON THE FILE OF THE 8th ACMM COURT, AT BENGALURU AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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NC: 2025:KHC:48868 CRL.P No. 15980 of 2025

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HC-KAR

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ORAL ORDER

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This petition is preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), praying to quash the FIR registered in Crime No.270/2025 at R.T.Nagar Police Station, Bengaluru City for the offence punishable under Section 75(1) and 76 of the Bharatiya Nyaya Sanhita (BNS), 2023. Respondent No.2 is the first informant in the case.

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It is averred in the complaint that respondent No.2 is running a Company by name S.K.Model, providing models for advertising purposes. The victim, a citizen of Brazil was working as a model in the said Company for the last two months and she was residing at one S.L.N. Enclave apartment. It is alleged that on 17.10.2025, the accused working as a delivery boy at Blinkit, while delivering the food items to the victim, misbehaved with her by touching her inappropriately.

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NC: 2025:KHC:48868 CRL.P No. 15980 of 2025

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HC-KAR

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An application is filed under Section 359 read

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with Section 528 of BNSS, 2023. The said application reads as under:

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"The Petitioner and Respondent No.2 submit as follows:

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1. It is submitted that, the offences alleged in the Crime.No.270/2025 are punishable under Section U/s 75(1), 76 of BNS, pending on the file of the VIII ACMM court Nrupatunga Road, Bengaluru city. due to some misunderstanding the respondent no.2 has filed a complaint against the petitioner and both the parties have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship hereafter and not touching the interest of public and therefore to meet the ends of justice proceedings may be quashed.

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2. It is submitted that, the Petitioner has preferred the main petition to quash the entire Investigation initiated as against the petitioner by the Respondent No.1 R.T.Nagara PS in Crime.No.270/2025 for the U/s 75(1), 76 of BNS, pending on the file of the VIII ACMM court Nrupatunga Road, Bengaluru city

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3. It is submitted that, in view of intervention of the elder members of the family and relatives, Petitioner and Responder No.2 have settled the dispute and the

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NC: 2025:KHC:48868 CRL.P No. 15980 of 2025

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HC-KAR

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respondent No.2 has wilfully agreed to withdraw the allegations made against the Petitioner.

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a) Wherefore, the Petitioner and the respondent No.2 prays before this Hon'ble Court to quash the entire Investigation initiated as against the petitioner by the Respondent No.1 R.T.Nagara PS in Crime.No. 270/2025 for the U/s 75(1), 76 of BNS, pending on the file of the VIII ACMM court Nrupatunga Road, Bengaluru city in the interest of justice and equity.

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b) release the petitioner from the judicial custody in Crime.No.270/2025 for the U/s 75(1), 76 of BNS, pending on the file of the VIII ACMM court Nrupatunga Road, Bengaluru city in the interest of justice and equity."

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The above application is signed by the learned

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counsel for the petitioner and respondent No.2 and supported by an affidavit of respondent No.2/defacto complainant.

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Similarly, victim has filed her affidavit, Para-1

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to 5 reads as follows:

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1. I state that I am the victim in Crime No.270/2025 registered by R.T.Nagar Police Station for the offences punishable under

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NC: 2025:KHC:48868 CRL.P No. 15980 of 2025

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HC-KAR

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Sections 75(1) and 76 of the Bharatiya Nyaya Sanhita (BNS). I am well acquainted with the facts of the case and I am competent to swear to this affidavit.

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2. I state that based on the information provided by my employer, Sri. Karthick, the respondent No.1 / R.T. Nagar Police registered FIR in Crime No.270/2025 against the petitioner/accused and the matter is presently under investigation.

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3. I further state voluntarily and out of my free will that I am willing to withdraw all the allegations/complaint and do not wish to prosecute or continue any criminal proceedings against the petitioner/accused. I have no objection if the criminal proceedings are stopped and the FIR is quashed.

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4. I further state that my above decision is voluntary and has been taken without any pressure, inducement, threat, coercion or undue influence from any person. I am making this statement consciously taking into account the petitioner/accused's age and future prospects and in the interest of maintaining peace and cordial relations.

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HC-KAR

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5. In view of the above, I humbly request this Hon'ble Court to quash the FIR in Crime No.270/2025 registered by R.T. Nagar Police Station for the offences punishable under Sections 75(1) and 76 of BNS, pending on the file of the Court of the 8th Addl. ACJM, Bengaluru, in the interest of justice and equity.

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The victim is present before this Court and she is identified by the complainant as well as the learned counsel appearing for respondent No.2. She submits that the matter has been amicably settled and in view of the settlement, she is not interested in proceeding with the case any further and she has no objection to quash the proceedings pending against the petitioner.

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It is stated that due to some misunderstanding, respondent No.2 has filed a complaint against the petitioner and now both the parties have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship.

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HC-KAR

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Considering the entire facts and circumstances

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of the case and in view of the settlement taken place between the parties concerned, no useful purpose will be achieved by continuing the proceedings pending against the petitioner. It is submitted that the petitioner is a young boy aged 19 years and he is a student pursuing his Diploma in engineering course. In the interest of justice, it is expedient to quash the proceedings. Accordingly, the following:

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ORDER

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(i) The application filed under Section 359 read with Section 528 of BNSS, 2023 is allowed. Consequently, the petition is allowed and the entire proceedings arising out of Crime No.270/2025 of R.T.Nagar Police Station, Bengaluru City registered for the offences punishable under Sections 75(1) and 76 of the BNS, 2023, pending before the VIII Addl.CMM Court, Bengaluru, are quashed.

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