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Judgment
In Crl.P.No.4195/2025, the petitioner is before this Court seeking the following prayers:
"a. Quash the Complaint dated 01.03.2025 as against Petitioner/Accused No.2 herein, the copy of which is produced as Annexure-B.
b. Quash the F.I.R. in Bagalagunte PS Crime No. 107/2025 registered pending before the Hon'ble FTSC-I, Bengaluru for alleged offences punishable under Section 351(2) of Bhartiya Nyaya Sanhita, 2023 and Section 8 of Prevention of Children from Sexual Offences Act, 2012 as against Petitioner/Accused No.2 herein, the copy which is produced as Annexure-A and;
c. Grant such other reliefs as this Hon'ble Court deems fit, in the interest of justice and equity."
In Crl.P.No.6590/2025, the petitioner is before this Court seeking the following prayers:
“a. Quash the complaint dated 01.03.2025 as against petitioner / accused no.1 herein, the copy of which is produced as Anneuxre-A;
b. Quash the F.I.R. in Bagalagunte PS Crime No.107/2025 registered for alleged offence P/U/S 351(2) of BNS 2023 and Section 8 of Prevention of Children from Sexual Offences Act, 2012 pending on Fast Track Special Court -1 Bengaluru City as against Petitioner / Accused No.1 herein, the copy of which is produced as Annexure-B and;
c. Grant such other reliefs as this Hon'ble Court deems fit, in the interest of justice and equity."
In both the cases, heard Sri.Praneeth G.N., learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Smt.Yamini Muniraj, learned counsel appearing for respondent No.2 and have perused the material on record.
During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have settled the dispute amongst themselves.
They have filed a Joint Memo in Crl.P.No.4195/2025 in that regard. In both the cases, the complainant is the same. The said Joint Memo reads as follows:
"The learned Advocate for the Petitioner as well as the learned Advocate for Respondent No. 2, who is the de-facto complainant herein, most respectfully submit that the Petitioner and Respondent No. 2 are legally wedded husband and wife, and the alleged victim in the present case is their minor son aged about 10 years.
It is further submitted that the allegations made against the Petitioner by Respondent No. 2 were in respect of an offence punishable under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, pertaining to criminal intimidation and Section 8 of Prevention of Children from Sexual Offences Act, 2012. The complaint came to be lodged based on certain statements allegedly narrated by the minor child to Respondent No. 2, which were subsequently interpreted by her as constituting the said offence.
It is further submitted that Respondent No. 2 had also initiated multiple proceedings against the Petitioner, including proceedings seeking maintenance as well as reliefs under the provisions relating to domestic violence and the Petitioner filed a suit for divorce. The matters was subsequently referred to mediation in an attempt to amicably resolve the disputes between the parties.
During mediation proceedings, Respondent No. 2, upon deliberation and discussion, categorically stated that she had misconstrued and misunderstood the narration given by the minor child with regard to the alleged incident. She acknowledged that the complaint had been lodged under a mistaken understanding of the facts as conveyed to her.
In view of the above and in light of the amicable resolution arrived at between the parties, Respondent No. 2 has expressed her unequivocal intention not to press the complaint any further and has agreed to extend her full cooperation for the purpose of quashing the present petition before this Hon'ble Court."
The Joint Memo filed in Crl.P.No.6590/2025 reads as follows:
"The learned Advocate for the Petitioner as well as the learned Advocate for Respondent No. 2, who is the de-facto complainant herein, most respectfully submit that the Petitioner is an acquaintance of Accused No. 2, who is the husband of Respondent No. 2, and that the alleged victim in the present case is the minor son of Respondent No. 2 and Accused No. 2, aged about 10 years.
It is further submitted that certain matrimonial disputes and marital issues had arisen between Respondent No. 2 and her husband, namely Accused No. 2, and in the backdrop of the said strained relationship, the present complaint came to be lodged. The allegations made against the Petitioner by Respondent No. 2 were in respect of an offence punishable under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, pertaining to criminal intimidation and Section 8 of Prevention of Children from Sexual Offences Act, 2012.
It is respectfully submitted that the complaint against the present Petitioner was lodged by Respondent No. 2 upon misconstruing and misunderstanding what the minor child had narrated regarding the alleged incident.
It is further submitted that Respondent No. 2 had also initiated multiple proceedings, including proceedings seeking maintenance and reliefs under the provisions relating to domestic violence, in connection with the matrimonial disputes with her husband. Respondent No.2 husband filed a petition for divorce. The matter was subsequently referred to mediation to resolve the disputes between the parties amicably.
During mediation proceedings, Respondent No. 2, upon deliberation and discussion, categorically stated that she had misconstrued and misunderstood the narration given by the minor child with regard to the alleged incident.
In view of the above and in light of the amicable resolution arrived at between the concerned parties, Respondent No. 2 has expressed her unequivocal intention not to press the complaint against the present Petitioner any further and has agreed to extend her full cooperation for the purpose of quashing the present petition before this Hon'ble Court."
In light of the settlement arrived at between the parties as afore-quoted in both the petitions, I pass the following:
ORDER
[I] Criminal Petitions are disposed.
[II] In Crl.P.No.4195/2025, complaint dated 01.03.2025, F.I.R. in Crime No.107/2025 of Bagalagunte PS, pending before the FTSC-I, Bengaluru city, stands quashed qua the petitioner-accused No.2.
[III] In Crl.P.No.6590/2025, complaint dated 01.03.2025, F.I.R. in Crime No.107/2025 of Bagalagunte PS, pending before the FTSC-I, Bengaluru city, stands quashed qua the petitioner-accused No.1.
