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2025 DAILYLAW 14939 (KAR)

SRI. Y. V. RAJU v. STATE BY BELLANDUR POLICE

CRL.P/1268/2025 · 2025-02-17

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7408 CRL.P No. 1268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1268 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. Y. V. RAJU S/O LATE VENKATAPPA SETTY AGE ABOUT 61 YEARS 2. VENKATESH KANCHI RAJU S/O SRI Y V RAJU AGED ABOUT 36 YEARS BOTH RESIDING AT NO. 747, 1ST FLOOR, NEAR BINNY LAYOUT BENGALURU - 560 023. …PETITIONERS (BY SRI. MUNISWAMY GOWDA H.,ADVOCATE) AND: 1. STATE BY BELLANDUR POLICE MARATHAHALLI SUB DIVISION BENGALURU REP BY ITS STATE PUBLIC PROSECURTOR HIGH COURT BUILDING BANGALORE 560 001. 2. MR. SANJAY K S/O LATE RAJU AGED ABOUT 30 YEARS R/O NO. 511, NEAR BINNY LAYOUT MAGADI ROAD BENGALURU - 560 023. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. SHEKARAPPA, ADVOCATE FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7408 CRL.P No. 1268 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR/CRIME NO.830/2024 REGISTERED BY THE BELLANDURU POLICE STATION, BANGALORE DATED 04.12.2024, FOR THE OFFENCES P/U/S 108, 3 (5) OF THE BNS, 2023, AT ANNEXURE-A, PENDING ON THE FILE OF THE 41ST ADDL. CMM AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “ WHEREFORE, the Petitioners humbly pray that this Hon’ble Court be pleased to quash the F.I.R./Crime No.830/2024 registered by the Bellanduru Police Station, Bangalore dated 04.12.2024, for the offences punishable under Section 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Annexure-‘A’, pending on the file of the 41st Additional Chief Metropolitan Magistrate at Bangalore, in the interest of justice and equity.” 2. Learned counsel for the petitioners - accused Nos.1 and 2 and learned counsel for the 2nd respondent – complainant have filed an application under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:7408 CRL.P No. 1268 of 2025 3. Petitioners – accused Nos.1 and 2, respondent No.1 and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application, which reads as under:- “The Petitioners and Respondent No.2 respectfully submits as follows. 1. The above petition is filed for quashing of the crime (FIR) No.830/2024 dated 04/12/2024 Registered by the Bellandur Police for the offences punishable under section 108,3 (5) of the Bharatiya Nyaya Sanhita- 2023, now pending on the file of the 41 ACMM at Bangalore, registered against the petitioners. 2. The petitioners and the respondent No.2 states that they are the neighbors and the petitioners are good command in the society, and the petitioner No.2 was working in the defence and the petitioners is good relationship with the respondent No.2 and his family members, hence respondent No.2 agreed and undertakes he do not wish to prosecute the criminal case pending Crime (FIR) No.830/2024, Registered by the Bellandur Police for the offences punishable under section 108,3(5) of the Bharatiya Nyaya Sanhita- 2023, registered by the respondent No.1 police against the petitioners. 3. In view of the above respondent No.2 has no objection for quashing the Crime (FIR) No.830/2024, Registered by the Bellandur Police for the offences punishable under section 108,3(5) of the Bharatiya Nyaya - 4 - NC: 2025:KHC:7408 CRL.P No. 1268 of 2025 Sanhita- 2023, further the petitioners and respondent No.2 states that did not make any further claims and allegations against each other in respect of the issues involved in the present complaint. 4. The contents are read explained and they have understood the same. After understanding the same, the parties are entering into this comprise filed the present application. There is absolute no force, coercion, undue influence or duress from any quarter whatsoever. Wherefore, the parties hereto respectfully pray that this Hon'ble court be pleased to quash Crime (FIR) No.830/2024 dated 04/12/2024, Registered by the Bellandur Police for the offences punishable under section 108,3(5 of the Bharatiya Nyaya Sanhita- 2023, pending on the file of the 41st ACMM at Bangalore, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of application filed under Section 359 of the Bharatiya Nagarik Suraksha Sanhita dated 12.02.2025. (ii) The proceedings in Crime No.830/2024 registered by 1st respondent – Police, pending on the file of 41st Additional Chief - 5 - NC: 2025:KHC:7408 CRL.P No. 1268 of 2025 Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 107