- 1 - NC: 2025:KHC:11472 CRL.P No. 3253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3253 OF 2025 BETWEEN: 1. SRI. PAPPU BASAK S/O LATE DEEPAK BASAK, AGED ABOUT 25 YEASR, R/AT NO.199/1, VARTHUR MAIN ROAD, OPP - TVS SHOW ROOM VARTHUR, BANGALORE-560 087. 2. SRI BIKKI PAL S/O SUBHASH PAL, AGED ABOUT 30 YEARS, R/AT NO.199/1, VARTHUR MAIN ROAD, OPP - TVS SHOW ROOM, VARTHUR, BANGALORE-560 087. BOTH PETITIONERS ARE PERMANENT ADDRESS R/AT KAKANPUR PART-II, BAJANTIPUR PART-2, RANGIRKHARI, SILCHAR, ASSAM - 788 005. …PETITIONERS (BY SRI. SANMUKH REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VARTHURU POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI DEEP CHATRI Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11472 CRL.P No. 3253 of 2025 S/O JOYONTHO CHATRI, AGED ABOUT 23 YEARS, R/AT ROOM OPP TVS SHOW ROOM, VARTHUR, BANGALORE CITY - 560 087. PERMANENT ADDRESS, R/AT VILLAGE NO.2 PARASHANI HABI, SEPON POST OFFICE, PS-MORAN HAT, DISTRICT CHARIADIO ASSAM - 785 673. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. TEJAS N., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11766/2024, REGISTERED IN CRIME NO.395/2024 OF RESPONDENT VARTHURU POLICE STATION, WHICH IS REGISTERED FOR OFFENCE P/U/S 109(1), 115(2), 3(5) OF BNS 2023 (307, 323 R/W 34 OF IPC) NOW WHICH IS PENDING ON THE FILE OF HON'BLE II A.C.J.M BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who are facing trial for offences punishable under Sections 115(2), 109, and 3(5) of the BNS Act, 2023, are before this Court seeking relief. 2. The prosecution alleges that on 19.7.2024, while the accused, along with their friends, including the - 3 - NC: 2025:KHC:11472 CRL.P No. 3253 of 2025 complainant, were playing a Ludo game in a room, and when Dheeraj, the complainant’s brother, and Amrit Ghor were winning the game, accused Nos. 1 and 2 quarreled with them. During the altercation, accused No. 1 went inside, brought a knife, and attempted to stab Dheeraj. At that moment, the friends present at the scene tried to pacify the quarrel. In these circumstances, the complainant’s brother sustained injuries on his left upper shoulder. 3. The parties are present before this Court and have filed an application for compounding, stating that they have amicably resolved the dispute among themselves and that the incident occurred spontaneously and was not premeditated. The injuries sustained by the complainant’s brother were accidental and not intentional. The complainant, who is present before this Court, has agreed to withdraw all allegations made against the petitioners and has no objection to quashing the impugned proceedings. 4. The application is placed on record. 5. The learned High Court Government Pleader submits that the offence under Section 109 of the BNS Act, 2023, is punishable with imprisonment up to life, which constitutes a heinous crime against society and is not compoundable. 6. Admittedly, the complainant’s brother was arguing with friends, and during that quarrel, the incident occurred, resulting in the complainant’s brother sustaining simple - 4 - NC: 2025:KHC:11472 CRL.P No. 3253 of 2025 injuries. The injuries sustained were not due to an assault made by accused Nos. 1 and 2. Therefore, the charge sheet filed against the petitioners, in the absence of any material to substantiate that accused Nos. 1 and 2 attempted to murder the complainant, makes the continuation of the criminal proceedings an abuse of the process of law. 7. Even otherwise, considering the complainant has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings, subjecting the petitioners to trial would be futile. The probability of their conviction is remote and bleak in view of the settlement reached between the parties. 8. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.11766/2024, pending on the file of the learned II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 154