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2025 DAILYLAW 18946 (KAR)

HEMANTH KUMAR A v. THE STATE OF KARNATAKA

CRL.P/2937/2025 · 2025-03-04

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:9203 CRL.P No. 2937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2937 OF 2025 BETWEEN: 1. HEMANTH KUMAR A S/O V ASHOK KUMAR, AGED ABOUT 25 YEARS, R/AT NO 6, CAUVERY COLONY, SRINIVAGILU VILLAGE, VIVEK NAGAR POST, BANGALORE 560 047. 2. V ASHOK KUMAR S/O Y V RAO, AGED ABOUT 62 YEARS, R/AT NO 6, CAUVERY COLONY, SRINIVAGILU VILLAGE, VIVEK NAGAR POST, BANGALORE 560 047. …PETITIONERS (BY SRI. SAGAR N., ADVOCATE FOR SRI. RAJATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY KORAMANGALA POLICE STATION, BANGALORE CITY, REP BY SPP, HIGH COURT BUILDING, BANGALORE 560 001. 2. RAJU RAM, AGED ABOUT 28 YEARS, R/AT NO 1062, 7TH A MAIN ROAD, 1ST BLOCK, KORAMANGALA, BANGALORE 560 034. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9203 CRL.P No. 2937 of 2025 …RESPONDENTS (BY SRI. ANOP KUMAR M V., HCGP FOR R1; SRI. CHIRAG V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.33/2025 FOR THE OFFENCE PUNISHABLE U/S.352, 351(2), 126(2), 115(2) R/W 3(5) OF BNS 2023 ON THE FILE OF XXXIX ADDL. CHIEF JUDICIAL MAGISTRATE COURT, BANGALORE OF KORAMANGALA POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice on behalf of respondent No.1. 2. Sri. Chirag V., learned counsel, files power on behalf of respondent No.2. The same is placed on record. 3. The petitioners, accused Nos.1 and 2, who are facing investigation for offences punishable under Sections 352, 351(2), 126(2), and 115(2) read with Section 3(5) of the Bhartiya Nagarika Suraksha Sanhita, 2023 (BNS, 2023), have approached this Court seeking relief. 4. Respondent No.2 lodged an FIR stating that he is working as an electrician. According to the complaint, on 11.02.2025, at about 4:30 p.m., one Ashok Kumar (accused No.2) came to the shop where the complainant was working. When the complainant asked him to pay for the materials he - 3 - NC: 2025:KHC:9203 CRL.P No. 2937 of 2025 had purchased, accused No.2 allegedly abused him in filthy language and threatened him with dire consequences. 5. The complainant further alleged that on 15.02.2025, two unknown persons came to the shop, abused him in filthy language, and assaulted him with their hands when he questioned them. 6. The parties are present before this Court and have filed an application under Section 528 of the Bhartiya Nagarika Suraksha Sanhita, 2023, seeking compounding of the offences. They have stated that they have amicably resolved the dispute among themselves and that the FIR was lodged due to a misunderstanding regarding payment for the purchased material. Respondent No.2 has agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned FIR. 7. The application is placed on record. 8. In view of the settlement between the parties, continuing the investigation against the petitioners would be a futile exercise, as the probability of the police filing a charge sheet against the petitioners is unlikely. Proceeding with the case despite the compromise would amount to an abuse of the process of law. ORDER i) The Criminal petition is allowed - 4 - NC: 2025:KHC:9203 CRL.P No. 2937 of 2025 ii) The Impugned FIR in Crime No.33/2025 registered by the Koramangala Police Station, Bangalore, insofar it relates to accused Nos.1 and 2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 40