SRI PUNITH GOWDA.M v. STATE BY KOTHANUR POLICE STATION
CRL.P/4310/2025 · 2025-03-27
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21990 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21990 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14280 CRL.P No. 4310 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4310 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SRI PUNITH GOWDA.M S/O S MOHAN KUMAR AGED ABOUT 21 YEARS RESIDING AT NO205, 3RD BLOCK 5TH CROSS, NEAR WATER TANK, HRBR LAYOUT, BENGALURU NORTH BENGALURU-560043. …PETITIONER (BY SRI. RAVINDRANATH K., ADVOCATE)
AND:
1.
STATE BY KOTHANUR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
2.
SRI RAHUL R S/O RAMESH AGED ABOUT 20 YEARS RESIDING AT NO.102, 8TH CROSS SUBBANNA PALYA, KAMMANAHALLI, BENGALURU - 560033. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1;
SRI. OMKARA N, ADVOCATE FOR R2)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14280 CRL.P No. 4310 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED AGAINST THE PETITIONER IN CR.NO.45/2025 ON THE FILE OF XXIX A.C.J.M BENGALURU TY RESPONDENT NO.1 I.E KOTHANUR POLICE UNDER SEC.115(2),118(1) AND 190 OF BNS 2023.
THIS PETITION, COMING ON FOR ADMISSION, 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 First Information Report (FIR) for the offences punishable under Sections 115(2), 118(1), 190 of BNS, 2023.
2. The 2nd respondent lodged the First Information Report (FIR) stating a quarrel took place between him and the petitioner with regard to the flushing of the toilet, and the petitioner assaulted him and abused him and also threatened him with dire consequences.
3. Parties are present before this Court and they have filed an application for compounding, stating that, they have amicably settled the disputes among themselves, and in terms of the settlement, the respondent No.2-defacto complainant has agreed to withdraw all the allegations made against the
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NC: 2025:KHC:14280 CRL.P No. 4310 of 2025
petitioner-accused herein and has no objection for quashing the impugned FIR.
4. The application along with the joint affidavit is placed on record.
5. Given 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 the police filing the charge sheet is unlikely in view of the settlement. In such circumstances, the continuation of investigation will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i) The petition is allowed.
ii) The impugned FIR in Crime No.45/2025, registered by the Kothanur Police Station, insofar it relates to the petitioner herein stands quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
HR