- 1 - NC: 2025:KHC:811 CRL.P No. 168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 168 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR ANISH KARKERA, S/O HARISH BANGERA, AGED ABOUT 29 YEARS, R/AT NO. 102/4 (15) SRI LAKSHMI VENKATESHA, SHIVASHAKTI NAGARA, KEREKADU HOSABETTU KULAI MANGALURU D K – 575019 2. MR AKASH KARKERA S/O HARISHBANGERA, AGED ABOUT 26 YEARS, R/AT NO. 102/4 (15) SRI LAKSHMI VENKATESHA, SHIVASHAKTI NAGARA, KEREKADU HOSABETTU KULAI MANGALURU D K – 575019 …PETITIONERS (BY SRI. ABISHEK MARLA M J, ADVOCATE) AND: 1. STATE OF KARNATAKA BY POLICE INSPECTOR SURATHKAL POLICE STATION MANGALORE D K REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:811 CRL.P No. 168 of 2025 2. MR VISHNU PRASAD S/O VENKATESHAPPA NAIK AGED 32 YEARS, R/AT DO. NO. 1-246/1A, KATIPALLA KAIKAMBA MANGALORE CITY, KARNATAKA – 575 030. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR RESPONDENT NO.1 SRI. SACHIN K.NAIK, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONERS (ACCUSED NO.1 AND 2) REGISTERED BY SURATHKAL P.S., IN CR.NO.149/2024, FOR THE OFFENCES P/U/S 352, 308(6) OF BNS, 2023, PENDING ON THE FILE OF JMFC II COURT MANGALURU D.K. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “ i. Quash the FIR registered against the petitioners (Accused No.1 and 2) registered by, Surathkal Police Station in Crime No. 0149/2024 for the offences punishable under Section 352, 308(6) of BNS 2023 vide ANNEXURE-A pending on the file of JMFC II Court Mangaluru D.K. and ii. Pass any such other Order(s) or Direction(s) as this Hon’ble Court deems, fit in the facts and circumstances of the case in the interest of justice.” - 3 - NC: 2025:KHC:811 CRL.P No. 168 of 2025 2. Learned counsel for the petitioners-accused Nos. 1 and 2 and learned counsel for 2nd respondent- have filed a Joint Compromise petition duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners-accused Nos.1 and 2 and respondent No.2 are physically present before the Court and they admit the contents of the joint compromise petition, which reads as under:- “1. The Petitioners herein are the accused No.1 and 2 in this case, being aggrieved by the Complaint dated 19.12.2024 preferred by the Complainant and the registration of the First Inflammation Report bearing Crime No. 149/2024 dated 18.12.2024 for the offences under Sections 352, 308(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is constrained to prefer this petition. The Complainant and Accused (Respondent No.2 and petitioners herein) are known to each other and there was some financial transaction, Hence there was a heated argument between them which resulted in a case being filed. 2. It is submitted that, the Petitioner (Accused No. 1 and 2) in the present Petition and the Respondent No.2 have settled their inter say mis-understanding and dispute with the intervention and advices in the best interest of all the parties by their well-wishers and elders in the society and locality. In view of the settlement arrived they no longer intend to continue the proceedings challenged in the above Petition as against Petitioner herein (Accused No. 1 and 2). As such - 4 - NC: 2025:KHC:811 CRL.P No. 168 of 2025 complainant is no longer supporting the prosecution case as against Petitioner herein (Accused No. 1 and 2). The Continuation of proceedings would be waste of public time and money. There is no chance for conviction as the prosecution witnesses are not supporting the case of prosecution. The Respondent No.2, the de-facto complainant is present before this Hon'ble Court and is filing an Affidavit in support of this joint Compromise Petition/Memo and thereby gives his no objection for quashing of the entire proceedings as against Petitioner herein (Accused No. 1 and 2) as prayed for, in order to secure the ends of justice and to prevent the abuse of process of law. There is a need for allowing the above Petition as prayed for. The Petitioner (Accused No. 1 and 2) is before this Hon'ble Court. The I.D proof of the Petitioners and second Respondent/ complainant is produced along with this memorandum. The same maybe taken on record. WHEREFORE, this Hon'ble Court may kindly be pleased to permit the Petitioner and Respondent No.2 to compound/compromise in the above proceedings and accordingly quash the entire proceedings F.I.R registered against the petitioners (Accused No.1 and 2) registered by, Surathkal Police Station in Crime No. 0149/2024 for the offences punishable under Section 352, 308(6) of BNS 2023 pending on the file of JMFC II Court Mangaluru D.K in the ends of justice.” - 5 - NC: 2025:KHC:811 CRL.P No. 168 of 2025 4. In view of the aforesaid compromise entered into between the petitioners and 2nd respondent, the impugned proceedings pursuant to FIR in Crime No.149/2024 pending on the file of JMFC- II Court, Mangalore, are hereby quashed. 5. Petition stands disposed of accordingly in terms of the said joint compromise petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 78