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Judgment
S.R. Krishna Kumar, J
In this petition, petitioner seeks following relief:
"(i) Call for records, if necessary,
(ii) To quash the entire proceedings arising out of case in Crime No.02/2025 registered by Varthur Police registered in II Addl. Chief Judicial Magistrate Court, Bengaluru Rural District, Bengaluru and now transferred to Hon'ble 3rd Addl. Civil Judge and JMFC, at Kanakpura for the offences punishable under section 66(E) of Information Technology Act, 2008 and under Section 318(2), 318(4) and 64 of the Bharatiya Nyaya Sanhita, 2023 in the interest of justice and equity;
(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."
Perusal of the material on record will indicate that the petitioner is in judicial custody as on today.
Learned counsel for the petitioner has filed application IA.1 of 2025 for compounding along with memorandum of facts, which reads as under:
"I.A. NO.1/2025 FOR COMPOUNDING UNDER
SECTION 359 OF THE BNSS ACT, 2023 R/W SECTION 528
OF BNSS ACT, 2023.
The petitioner respectfully submits as follows:
The Memorandum of Petition may be read as part and parcel to this application in order to avoid repetition of facts.
The petitioner respectfully submits that the Respondent No.2 has come forward to settle the criminal proceedings initiated by Respondent No.2 against the Petitioner which was done by her due to misunderstanding and under mental distress and keeping in mind the future prospects of their respective families the above said Petitioner and Respondent No.2, the Respondent No.2 is desirous of settling the matter also considering that the dispute in Crime No.02/2025 registered by Varthur Police registered in Addl. Chief Judicial Magistrate Court and now transferred to Hon'ble 3rd Addl. Civil judge and JMFC., at Kanakapura for the offences punishable under section 66 of Information Technology Act, 2008 and under 318(2), 318(4) and 64 of Bharatiya Nyaya Sanhita, 2023 to be withdrawn.
PRAYER
WHEREFORE, the Petitioner in the above case most humbly pray this Hon'ble Court be pleased to permit the Respondent No.2 to withdraw quash/compound the offences made against the Petitioner filed by the Respondent NO.2 in Crime No.02/2025 registered by Varthur Police registered in Addl. Chief Judicial Magistrate Court and now transferred to Hon'ble 3rd Addl. Civil Judge and JMFC., at Kanakpura for the offences punishable under Section 66 of Information Technology Act, 2008 and under Section 318(2), 318(4) and 64 of the Bharatiya Nyaya Sanhita, 2023, in the ends of justice."
The respondent No.2 has also filed application IA.3/2025 for compounding, which reads as under:
"I.A. NO.3/2025 FOR COMPOUNDING UNDER
SECTION 359 OF THE BNSS ACT, 2023 R/W SECTION 528
OF BNSS ACT, 2023.
The Respondent No.2 respectfully submits as follows:
The Memorandum of Petition may be read as part and parcel to this application in order to avoid repetition of facts.
The Respondent No.2 respectfully submits that the Respondent No.2 has come forward to settle the criminal proceedings initiated by Respondent No.2 against the Petitioner which was done by her due to misunderstanding and under mental distress and keeping in mind the future prospects of their respective families the above said Petitioner and Respondent No.2, the Respondent No.2 is desirous of settling the matter also considering that the dispute in Crime No.02/2025 registered by Varthur Police registered in Addl. Chief Judicial Magistrate Court and now transferred to Hon'ble 3rd Addl. Civil judge and JMFC., at Kanakapura for the offences punishable under section 66 of Information Technology Act, 2008 and under 318(2), 318(4) and 64 of Bharatiya Nyaya Sanhita, 2023 to be withdrawn.
PRAYER
WHEREFORE, the Respondent No.2 in the above case most humbly pray this Hon'ble Court be pleased to permit the Respondent No.2 to withdraw quash/compound the offences made against the Petitioner filed by the Respondent No.2 in Crime No.02/2025 registered by Varthur Police registered in Addl. Chief Judicial Magistrate Court and now transferred to Hon'ble 3rd Addl. Civil Judge and JMFC., at Kanakpura for the offences punishable under Section 66 of Information Technology Act, 2008 and under Section 318(2), 318(4) and 64 of the Bharatiya Nyaya Sanhita, 2023, in the ends of justice."
Under the identical circumstances in the case of SATISH K. AND OTHERS VS. STATE OF KARNATAKA, REP. BY ITS STATE PUBLIC PROSECUTOR AND ANOTHER reported in 2022 SCC Online KAR 899 and in the case of SHAM SRINIVAS VS.STATE OF KARNATAKA, REP. BY SHO, HENNUR POLICE STATION AND OTHERS made in Criminal Petition No.9274 of 2022 disposed of on 13th September, 2023, quashed the Criminal Proceedings initiated against the petitioner therein.
In view of the aforesaid circumstances and the settlement arrived between the petitioner and the respondent No.2 in the present petition, I am of the view the impugned proceedings deserves to be quashed and necessary directions be issued to the respondent No.1 and concerned jail authorities to release the petitioner immediately from judicial custody.
In the result, I pass the following:
ORDER
1) Criminal Petition is allowed;
2) The entire proceedings in Crime No.2/2025 of Varthur Police Station, Bengaluru City against the petitioner for the offences punishable under Section 66(E) of the Information Technology Act, 2008 and Section 318(2), 318(4) and 64 of the Bharatiya Nyaya Sanhita, 2023 are hereby quashed in terms of settlement arrived between the petitioner and the respondent No.2;
3) Respondent No.1 as well as the concerned jail authorities are directed to release the petitioner immediately from judicial custody immediately upon receipt of this order;
4) Registry is directed to communicate this order to the respondent No.1 and concerned jail authorities telephonically and electronically.