Allowed¶33

Smt Aishwarya v. State of Karnataka

Karnataka HC26 Apr 2025WP/12749/2025

Case brief

AI extract

What is this about?

Quashing of FIR; Section 306 Bharatiya Nyaya Sanhita 2023; compounding of offence under Section 359 BNSS 2023; amicable settlement between accused and complainant; withdrawal of allegations; Article 226 Constitution r/w Sec. 528 BNSS; Karnataka High Court; Justice Hemant Chandangoudar; Crime No.191/2024, Subramanyanagar Police Station; theft of gold articles; further investigation futile; abuse of process of law; writ petition GM-RES Bengaluru.

What did the court decide?

The impugned FIR in Crime No.191/2024 registered by Subramanyanagar Police Station is quashed. ¶33

Smt Aishwarya Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:17675 WP No. 12749 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 12749 OF 2025 (GM-RES)

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BETWEEN:

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SMT. AISHWARYA, AGED ABOUT 29 YEARS, D/O NIRANJAN MURTHY, R/A NO. 204, VINUTA VISTA APARTMENT, NGEF LAYOUT, NAGARBHAVI, BENGALURU - 560 029.

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…PETITIONER

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(BY SRI. MAYUR D. BHANU, ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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STATE OF KARNATAKA, REPRESENTED BY SHO, SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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SMT. SAROJA B.R, AGED ABOUT 66 YEARS, W/O LATE NAGARAJU, R/A NO. 125, 4TH CROSS, 1ST N BLOCK, RAJAJINAGAR, BENGALURU - 560 010.

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…RESPONDENTS

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(BY SRI. LAKSHMAN B, HCGP FOR R1; SRI. RAJATH S, ADVOCATE FOR R2)

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NC: 2025:KHC:17675 WP No. 12749 of 2025

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, PRAYING TO QUASH THE FIR IN CRIME NO. 191/2024 OF THE RESPONDENT SUBRMANYANAGAR POLICE STATION REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF BHARATIYA NYAYA SANHITA, 2023 IN SO FAR AS THE PETITIONER IS CONCERNED (ANNX-B).

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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 HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the registration of FIR in Crime No.191/2024 for the offence punishable under Section 306 of the Bharatiya Nyaya Sanhita, 2023.

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Respondent No.2 lodged the FIR stating that the maid working in their house had committed theft of gold articles. During the course of investigation, the petitioner was arraigned as an accused, suspected of having committed the theft.

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The petitioner and Respondent No.2 appeared before this Court on 25.04.2025 and filed an application under Section 359 of the Bharatiya Nyaya Sanhita, 2023, seeking compounding of the offence.

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NC: 2025:KHC:17675 WP No. 12749 of 2025

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A perusal of the application indicates that the parties have amicably resolved the dispute among themselves. As per the terms of settlement, Respondent No.2 no longer wishes to prosecute the petitioner, has agreed to withdraw all allegations, and has no objection to quashing the proceedings.

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Given that the parties have amicably resolved the dispute, subjecting the petitioner to further investigation would be a futile exercise, as the likelihood of the police filing a final report is remote and bleak. In such circumstances, the continuation of the investigation would amount to an abuse of the process of law.

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