- 1 - NC: 2025:KHC:12368 CRL.P No. 4090 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4090 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SIDDALINGA SWAMY S/O GANGADARAYYA SWAMY AGED ABOUT 38 YEARS, R/AT HAROKYATHANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU CITY-562126. AND ALSO, PERMANENT ADDRESS IS BEHIND KANAKADASA COLLEGE, SUKALPET, SINDHNUR, RAICHUR DISTRICT-584 128. …PETITIONER (BY SRI. MAHAMMADALI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADANAYAKANAHALLY PS, (REPRESENTED BY LEARNED SPP HIGH COURT OF KARNATAKA BANGALORE-560001). 2. SRI. NAGESH POLICE CONSTABLE 172 AGED ABOUT 36 YEARS, MADANAYAKANAHALLY PS, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU CITY-562126. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12368 CRL.P No. 4090 of 2025 3. SMT. MANJULA W/O SIDDALINGA SWAMY AGED ABOUT 30 YEARS, R/AT HAROKYATHANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BENGALURU CITY-562126. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. ARAVIND BIRADAR, ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN CRIME NO.115/2025, FOR THE OFFENCES P/U/S 109, 85 OF BNS, 2023, PENDING ON THE FILE OF 1st ADDITIONAL CIVIL JUDGE AND JMFC, AT NELAMANGALA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent Nos.1 and 2. 2. Mr. Aravind Biradar, learned counsel files power for respondent No.3. The same is placed on record. 3. The petitioner-accused challenges the registration of the First Information Report (FIR) in Crime No.115/2025 for the offences punishable under Sections 109, 85 of Bharathiya Nyaya Sanhita, 2023, 4. A complaint came to be registered stating that an information was received that, an unknown lady has fallen down unconscious and upon inspection of the house, it was - 3 - NC: 2025:KHC:12368 CRL.P No. 4090 of 2025 found that the wife of the petitioner was lying in an unconscious state of mind, and it was suspected that the petitioner-accused had attempted to commit the murder his wife since there was a marital conflict between them. The registration of the FIR is impugned in this petition. 5. The petitioner-accused and the victim/survivor are present before this Court and they have filed an application for compounding under Section 528 of BNSS, 2023, along with the joint affidavit for compounding of offences stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the 3rd respondent-survivor has reunited with her husband and is leading a cordial marital life with the petitioner-accused herein and the survivor and respondent No.2-informant has no objections for quashing the impugned FIR. 6. The application and the joint affidavit are placed on record. 7. Though the offences alleged against the petitioner- accused are cognizable and non-compoundable, however, having regard to the fact that, the parties have amicably resolved the dispute among themselves, and further the respondent No.2-informant having no objection for quashing the impugned FIR, it would be a futile exercise, if the petitioner-accused is subjected to investigation, since the probability of police filing the charge sheet is remote and bleak in view of the settlement. Therefore, the continuation of the investigation will be an abuse of the process of law. - 4 - NC: 2025:KHC:12368 CRL.P No. 4090 of 2025 8. Accordingly, I pass the following: ORDER i. The Criminal Petition is allowed; ii. The impugned FIR in Crime No.115/2025 registered by the Bagalagunte Police Station, Peenya, pending on the file of the 1st Addl. Civil Judge and JMFC, at Nelamangala, insofar it relates to the stands quashed. Pending I.As do not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 84