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Smt. Aishwarya Gowda v. State of Karnataka

Karnataka HC8 Apr 2026CRL.P/729/2025

Case brief

AI extract

What is this about?

Karnataka HC, CRL.P No.729 of 2025, order dated 08.04.2026, S.R. Krishna Kumar J. Quashing on complainant's retraction affidavit: FIR/complaint Crime No.16/2025, Rajarajeshwari Nagar PS, BNS 2023 Sections 316(2), 318(4), 352, 351(2), 61(2), 3(5), pending before IV Addl. CMM Bengaluru, investigation with CID; S.528 BNSS (S.482 Cr.P.C. equivalent); de-facto complainant Dayananda Lingegowda unconditionally retracted allegations, disputes amicably settled, consented to quash; petition disposed in terms of affidavit dated 08.04.2026; proceedings quashed qua accused Nos.1 and 2.

What did the court decide?

Petition disposed of in terms of the affidavit dated 08.04.2026; proceedings in Crime No.16/2025 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru quashed insofar as petitioners-accused Nos.1 and 2 are concerned.

Smt. Aishwarya Gowda Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR and complaint in Crime No.16/2025 registered by Rajarajeshwari Nagar P.S. for offences under Sections 316(2), 318(4), 352, 351(2), 61(2), 3(5) of BNS, pending before the learned IV Additional Chief Metropolitan Magistrate, Bengaluru, should be quashed insofar as the petitioners (accused Nos.1 and 2) are concerned, in light of respondent No.2-complainant's affidavit dated 08.04.2026 retracting all allegations and consenting to quashing.

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Court's answer

Having regard to the settlement entered into between the petitioners and respondent No.2 (evidenced by respondent No.2's affidavit dated 08.04.2026, admitted by both sides present in Court), the Court passed its order disposing of the petition in terms of that affidavit.

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Ratio / Principle

The proceedings in Crime No.16/2025 registered by Rajarajeshwari Nagar P.S. for offences punishable under Sections 316(2), 318(4), 352, 351(2), 61(2), 3(5) of the Bharathiya Nyaya Sanhita, 2023, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, are quashed insofar as the petitioners-accused Nos.1 and 2 are concerned.

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Detailed headnote1 paragraphs

Criminal Petition No.729 of 2025 (filed under S.482 Cr.P.C./S.528 BNSS), decided 08.04.2026 by the High Court of Karnataka (S.R. Krishna Kumar, J.): Petitioners-accused Nos.1 and 2 sought quashing of the FIR and complaint in Crime No.16/2025 of Rajarajeshwari Nagar P.S., registered on the complaint of respondent No.2 for offences punishable under Sections 316(2), 318(4), 352, 351(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru (investigation having been transferred to CID, Bengaluru). Respondent No.2-de-facto complainant filed an affidavit dated 08.04.2026 - admitted by both sides physically present before the Court - wherein he unconditionally and irrevocably retracted all allegations, attributed the complaint to misapprehension and third-party instigation, recorded that all monetary, civil and criminal disputes had been amicably resolved, and freely consented to quashing. Holding that the parties had entered into a settlement, the Court disposed of the petition in terms of the said affidavit and quashed the proceedings in Crime No.16/2025 insofar as the petitioners-accused Nos.1 and 2 were concerned.

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NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 729 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SMT. AISHWARYA GOWDA W/O K. N. HARISH AGED ABOUT 32 YEARS,

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SRI K. N. HARISH S/O NANJEGOWDA AGED ABOUT 48 YEARS,

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BOTH ARE RESIDING AT NO.111/1, SAMBRAMA, 6^TH MAIN, 3^RD STAGE, BEML LAYOUT, OPP TO VIVEKANANDA PARK, R R NAGAR, BENGALURU – 560 098

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…PETITIONERS

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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(BY SRI. SANDESH CHOUTA, SERNIOR ADVOCATE FOR SRI. SUNIL KUMAR S., & SRI SHREERAM TIMMAPPA NAYAK, ADVOCATES)

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AND:

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STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR P. S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU – 560 001

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DAYANANDA LINGEGOWDA S/O LINGEGOWDA AGED ABOUT 48 YEARS,

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R/AT FLAT NO 1503, GARDEN - 3 TOWER,

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NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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UNIWORLD CITY , NEW TOWN NORTH 24, PARGANAS, WEST BENGAL – 700 156

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1; SRI. RAJATH H.V., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.16/2025 REGISTERED BY RAJARAJESHWARI NAGAR P.S. FOR OFFENCE P/U/S 316(2), 318(4), 352, 351(2), 61(2), 3(5) OF BNS WHICH IS NOW PENDING BEFORE THE LEARNED IV ADDL. CMM, BENGALURU IN SO FAR AS PETITIONERS ARE CONCERNED.

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THIS PETITION, COMING ON FOR FURTHER HEARING, 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, the petitioners have sought for the following

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relief:-

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“a. Quash the FIR & Complaint in Crime No.16/2025 registered by Rajarajeshwari Nagar P.S. for offences p/u/s 316(2), 318(4), 352, 351(2), 61(2), 3(5) of BNS which is bnow pending before the learned IV Additional Chief Metropolitan Magistrate, Bengaluru in so far as petitioners are concerned;

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b. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice.”

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Learned counsel for respondent No.2 – complainant

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has filed an Affidavit dated 08.04.2026 duly signed by respondent

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3 - NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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No.2 – complainant and his counsel and the same is taken on record.

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Petitioners-accused Nos.1 and 2 and respondent No.2-

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complainant are physically present before the Court along with their respective counsel and they admit the contents of the Affidavit dated 08.04.2026, which read as under:-

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“AFFIDAVIT ON BEHALF OF RESPODNENT NO.2

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I, Dayananda Lingegowda, S/o Lingegowda, Aged about 48 years, Residing at Flat No. 1503, Garden-3 Tower, Uniworld City, Newtown North 24 Parganas, West Bengal700 156, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:

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1. I state that I am the Respondent NO.2 in the above –captioned Criminal Petition and the de-facto complainant in Crime No.16/2025. I am fully conversant with the facts and circumstances of the case and am competent to swear to this affidavit.

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2. I state that upon my complaint, the Rajarajeshwari Nagar Police Station registered Crime No.16/2025 against the petitioners herein and certain others for alleged offences punishable under Sections 316(20, 318(40, 352, 351 (2), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. I am aware that the investigation in the said matter has since been transferred to the Criminal Investigation Department (CID), Bengaluru.

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NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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3. I state that the petitioners have preferred the instant criminal Petition under the inherent powers of this Hon’ble Court, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the quashing of the First Information Report and all consequential proceedings arising from Crime No.16/2025.

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4. I respectfully submit that the aforesaid complaint was lodged by me under a grave misapprehension of facts and law, precipitated by the extraneous influence and erroneous advice of certain third parties who harboured personal animosity towards the Petitioners. At the material time, I acted upon their instigation without fully comprehending the gravity and consequences of my actions.

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5. I state that upon subsequent introspection and through conciliatory discussions with family elders, respected community members, and other well-wishers, I have come to the profound realization of my error. I have been counseled that the continuation of criminal proceedings, which were initiated on the basis of a misunderstanding and external manipulation, would be a vexatious and futile exercise, serving only to foster acrimony and consume the precious time of the judiciary.

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6. I hereby unequivocally, unconditionally, and irrevocably retract all allegations and aspersions made by me against the Petitioners and other individuals named in my complaint, which formed the basis for the registration of Crime No. 16/2025 by the Rajarajeshwari Nagar Police Station.

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NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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7. I further state and affirm that all misunderstandings and disputes that previously existed between myself and the Petitioners have been amicably and comprehensively resolved. There are absolutely no pending monetary, civil or criminal disputes between us. We have mutually agreed to put this unfortunate chapter behind us and to maintain a cordial and peaceful relationship henceforth.

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8. I state that I am swearing to this affidavit of my own free will and volition, in a sound and disposing state of mind, without any force, threat, duress, coercion, undue influence, or Inducement of any nature whatsoever from the Petitioners or any person acting on their behalf. The contents of this affidavit have been read over and explained to me in the language that I fully understand.

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9. I state that I have no desire to pursue the criminal litigation against the Petitioners. In light of the amicable settlement and my categorical retraction, the continuation of the criminal prosecution would be a manifest abuse of the process of the court and would not serve the interests of justice.

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10. I state that I have no objection whatsoever, and I hereby grant my free and unequivocal consent, for this Hon'ble Court to be pleased to allow the present Criminal Petition and quash the entire proceedings in Crime No. 16/2025, registered by the Rajarajeshwari Nagar Police Station, now under investigation by the CID, Bengaluru, in the paramount interest of justice.”

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NC: 2026:KHC:19544 CRL.P No. 729 of 2025

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HC-KAR

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What is stated above is true and correct to the best of my knowledge, information, and belief.”

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In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of the Affidavit dated 08.04.2026..

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(ii) The proceedings in Crime No.16/2025 registered by the Rajarajeshwari Nagar P.S. for the offences punishable under Sections 316(2), 318(4), 352, 351(2), 61(2), 3(5) of the Bharathiya Nyaya Sanhita, 2023, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitionersaccused Nos.1 and 2 are concerned, are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 3 Sl No.: 0

Smt. Aishwarya Gowda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Aishwarya Gowda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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