- 1 - NC: 2025:KHC:12286 CRL.P No. 4015 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4015 OF 2025 BETWEEN: SRI. YOGENDRA MAHARA S/O CHANDRA MAHARA AGED ABOUT 25 YEARS, SAI KRISHNA ENCLAVE, SAI LOTUS LAY OUT, BEML LAYOUT, CHANNASANDRA, BANGALORE - 560 098, PERMANENT RESIDENT OF: WARD NO.4, SHIAR, DIST DOTI, KAILALI, DHANGADHI, NEPAL. …PETITIONER (BY SRI. SHRIDEVI BHOSALE MARUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR PS BANGALORE-560 098, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SRI.MOHAN BAHADUR, S/O RAM BAHADUR, AGED ABOUT 19 YEARS, C/O AMRUTH BAR AND RESTAURANT, KENCHANAHALLI RD, JANAKI LAYOUT, RAJA RAJESHWARI NAGAR, BANGALORE-560 098. AS INDICATED IN THE FIR: NO.169 AND 170, SUNVILS, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12286 CRL.P No. 4015 of 2025 APTS BASAWESHWARA LAYOUT, RR NAGARA, BENGALURU- 560 098. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. ANUPAMA HEGDE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE REGISTRATION OF FIR AND COMPLAINT DATED 15.03.2025 AGAINST PETITIONER IN CRIME NO.59/2025 OF THE RESPONDENT NO.1 POLICE (RR NAGARA POLICE), BASED ON THE COMPLAINT DATED 15.03.2025 LODGED BY THE RESPONDENT NO.2, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109 AND 352 OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE 46TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, VIDE ANNEXURE: A AND B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused challenges the registration of the FIR for the offences punishable under Sections 109, 352 of the Bharatiya Nyaya Sanhita, 2023. 2. The 2nd respondent lodged the FIR stating that the petitioner-accused assaulted with knife on the back of the complainant, due to which, the complainant sustained grievous injuries. 3. The petitioner is in judicial custody. Petitioner's brother and the complainant are present before this Court, and with their respective counsels have filed an application for - 3 - NC: 2025:KHC:12286 CRL.P No. 4015 of 2025 compounding of offence, stating that, the complainant and the accused are both from Nepal and are the residents of the same village and they are residing in Bengaluru for the purpose of employment and are known to each other. The incident had occurred on the spur of the moment, and the alleged assault was not intentional. The complainant states that he does not intend to pursue the FIR lodged by him, and has agreed to withdraw all the allegations and has no objection for quashing the impugned FIR. 4. The complainant following the assault, took treatment and was discharged on the same day and does not sustain any grievous injuries. 5. The application is placed on record. 6. Though the offences alleged are cognizable and non-compoundable, however having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioner/accused is subjected to investigation, since the probability of Police filing the charge sheet against the petitioner/accused is unlikely in light of the settlement. Therefore, the continuation of investigation would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. - 4 - NC: 2025:KHC:12286 CRL.P No. 4015 of 2025 ii. The impugned FIR in Crime No.59/2025, registered by the Rajarajeshwarinagar Police Station, Bengaluru, insofar it relates to the petitioner-accused herein is hereby quashed. iii. The respondent No.1 and the concerned Jail Authorities, Parappana Agrahara, Central Prison, Bengaluru are hereby directed to release the petitioner-accused herein forthwith without any delay and immediately upon a receipt of copy of this order, if he is not required for any other cases, if any. iv. The Registry is directed to communicate this order to the respondent No.1, and the concerned Jail Authorities forthwith without any delay through e-mail and telephonically. Pending I.A.No.1/2025 does not survive for consideration and stands disposed of. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 8