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2025 DAILYLAW 13087 (KAR)

MR. M KODANDARAMA v. STATE OF KARNATAKA

CRL.P/345/2025 · 2025-03-06

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:9659 CRL.P No. 345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 345 OF 2025 BETWEEN: 1. MR. M KODANDARAMA SON OF MUNIREDDY, AGED ABOUT 45 YEARS, RESIDING AT NO. 31, 2ND CROSS, JOGI COLONY, MADIVALA, CHECKPOST, BANGALORE-560 095. 2. MR. M. BALACHANDRA SON OF MUNIREDDY, AGED ABOUT 42 YEARS, RESIDING AT NO. 31, 2ND CROSS, JOGI COLONY, MADIVALA, CHECKPOST, BANGALORE-560 095. 3. MR. VINOD. G SON OF GOVINDAPPA, AGED ABOUT 24 YEARS, RESIDING AT NO. 100, NEAR MARUTI WINES, 14TH CROSS, 10TH MAIN, VENKATESHWARA LAYOUT, BTM 1ST STAGE, BANGALORE-560 068. …PETITIONERS (BY SRI. VACHAN H U., ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9659 CRL.P No. 345 of 2025 AND: 1. STATE OF KARNATAKA BY MADIVALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. MR. MOHAN. M S/O. MADHU CHINNAPPA, AGED ABOUT 32 YEARS, RESIDING AT 5TH CROSS, RAGHAVENDRA LAYOUT, NEW MYCO LAYOUT, NEXT TO BEGUR LANKE, HONGASANDRA, BOMMANAHALLI, BENGALURU-560 068. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; SRI. S GAURAV, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED COMPLAINT IN CRIME NO.399/2024 FILED BY RESPONDENT NO.2 (ANNEXURE-B) AND CONSEQUENTLY QUASH THE FIR IN CRIME NO.399/2024 LODGED AGAINST THE PETITIONERS FILED U/S 115(2), 126(2), 189(2), 109 AND 190 OF THE BNS, 2023 (ANNEXURE-A) PENDING IN THE FILE OF XXXIX ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri Gaurav, learned counsel, files power on behalf of respondent No.2. The same is placed on record. - 3 - NC: 2025:KHC:9659 CRL.P No. 345 of 2025 2. The registration of the crime for offences punishable under Sections 115(2), 126(2), 189(2), 109, and 190 of the Bharatiya Nyaya Sanhita, 2023, is impugned in this petition. 3. The second respondent lodged the FIR stating that while the complainant and his friends were traveling in their Maruti car near the Electronic City flyover, the driver of a red Nissan car obstructed their path. When the complainant overtook the Nissan and yelled at its driver, the four occupants of the Nissan raised their voices against the complainant, subsequently stopped his vehicle, pulled him out of the car, and assaulted him. 4. The parties are present before this Court and have filed an application for compounding the offences, stating that they have amicably resolved the dispute among themselves and that the incident occurred in a spur-of-the-moment and was not intentional. In terms of the settlement, respondent No.2 has agreed to withdraw all allegations made against the petitioners. 5. The application and joint memo are placed on record. 6. Although the alleged offences are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute among themselves, subjecting the petitioners/accused to investigation would be a futile exercise. The probability of the police filing a charge sheet against the petitioners/accused is remote and bleak in view of the - 4 - NC: 2025:KHC:9659 CRL.P No. 345 of 2025 settlement arrived at between the parties. Accordingly, I pass the following order: ORDER i. Criminal petition is allowed. ii. The impugned FIR in Crime No.399/2024 registered by the Madivala Police Station, Bangalore, insofar it relates to the petitioners-accused Nos.1 to 3 herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 15