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2025 Supreme(Online)(Kar) 9794

SRI. JEEVAN KUMAR B S.
S.R.KRISHNA KUMAR, J
Jithendra Arya – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P No. 7821 of 2025



Advocates:
For the Appellants/Petitioners: SRI. SHASHANK NAGENDRAN
For the Respondents: SRI. CHANNAPPA ERAPPA, SRI. AKSHAY RAVINDRA PRABHU,  SRI. BHARAGAV BHONSLE

Court can quash FIRs when parties reach an amicable settlement, ensuring justice is served.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 75(2) and 351(2) - Quashing of FIR - The petitioners sought to quash an FIR registered for offences under the Bharatiya Nyaya Sanhita, 2023, based on a Joint Affidavit indicating amicable settlement between the parties - The complainant expressed no objection to quashing the FIR, affirming that the settlement was made without coercion. (Paras 1-7)

(B) Inherent Powers of the Court - The court has the inherent power to quash FIRs when disputes between parties are amicably resolved, ensuring justice is served. (Paras 4-7)

Facts of the case:
The FIR was registered for inappropriate conduct by the petitioner towards the complainant, leading to his arrest and remand. The parties reached an amicable settlement, with the complainant stating she no longer wished to pursue the case.

Findings of Court:
The court found the resolution between the parties satisfactory and conducive to justice, thus quashing the FIR and related proceedings.

Issues: The main issue was whether the FIR could be quashed given the amicable settlement between the parties.

Ratio Decidendi: The court emphasized that it could exercise its inherent powers to quash proceedings when the parties have resolved their differences amicably, ensuring the administration of justice.

Result: The petition is disposed of in terms of the Joint Affidavit, quashing the FIR and proceedings.

Table of Content
1. petitioner seeks to quash fir based on a joint affidavit. (Para 2 , 3)
2. settlement reached between parties allows for quashing of fir. (Para 4)

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“ Wherefore, the petitioners above named pray that the Hon’ble Court be pleased to quash the FIR dated 29.03.2025 in Crime No.71/2025 came to be registered at by the Rajarajeshwari Police Station, Bengaluru City, for the offences punishable under Sections 75(2) and 351(2) of Bharatiya Nyaya Sanhita 2023. Pass any other Order/directions as this Hon’ble Court deems appropriate in the interest of justice.”

2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioner and 2nd respondent and the same is taken on record.

3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-

JOINT AFFIDAVIT

We, (1) Jithendra Arya, Son of Dharma Veer, Aged about 38 years, Residing at Flat no.302, 3rd Floor, Panchamukhi Paradise, Rajarajeshwari Nagar, Bengaluru (2) Siri Mohan, Aged about 20 years, Residing at No.804, A Block, Panchamuki Paradise Apartments, RR Nagar, Bengaluru City Karnataka-560098 do hereby Jointly affirm and State on Oath as the Deponent Nos 1 to 2 respectively as follows:

1. We, the Deponent No's 1 and 2 are the Petitioner and the Respondent No.2 in this Petition respectively. We are well conversant with the facts and Circumstances of the Case and we are Competent to Swear to this Affidavit. 2. The Deponent Nos.1 to 2 have filed the above case, for quashing of the FIR in Crime No.71/2025 dated 29/03/2025 came to be registered at by the Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable U/s. 75(2) and 351(2) of the Bharatiya Naya Sanhita, 2023, pending before the Learned 46th Additional Chief Metropolitan Magistrate, and the proceedings emanating therefrom.

3. An FIR in Crime No.71/2025 dated 29/03/2025 came to be registered at by the Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable U/s. 75(2) and 351(2) of the Bharatiya Naya Sanhita, 2023 based on the Complaint lodged by the Deponent No.2. the Gist of the Complaint is Gist of the Complaint is that the De-facto Complainant is resident of one Panchamuki Paradise, on 27/03/2025 at around 9:30 pm when the Complainant was going to her apartment which is located at the 8th Floor, the Petitioner herein came into the lift, touched her inappropriately, kissed her on the neck, called her into his house and threatened her with dire consequences is she informed the same to anybody, hence the said Complaint.

4. Thereafter, the Deponent No.1 herein was arrested and then subsequent produced before the 46th Additional Chief Metropolitan Magistrate on 30/03/2025 and was remanded to Judicial Custody till 09/04/2025 as offences alleged in crime No.71/2025 was triable by the court of Sessions. Subsequently the Deponent No.1 have approached the Respondent No.2 for settlement which has been agreed upon. The Deponent Nos.1 and 2 have now resolved their differences amicably with respect to the instant Petition and that she has compromised the instant matter. The Deponent No.2 has also agreed that the said decision has been taken without any threat or coercion or undue influence and has stated that the matter has been settled out of her own free will.

5. The Deponent No. 2 has reached a settlement with Deponent No.1, wherein upon realizing that the dispute between them was based on misunderstandings, she gives her unequivocal and free consent that she no longer wishes to pursue the FIR, and that she has no objection to the quashing of the said FIR, and the proceedings emanating therefrom.

6. The Deponent No.1 also undertakes to never repeat similar offences and also undertakes to never contact the Deponent No.2

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