- 1 - NC: 2025:KHC:13046 CRL.P No. 4306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4306 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SAI KUMAR @ SURESH @ KALLUPALYA SOORI S/O NAGALINGAIAH AGED ABOUT 37 YEARS R/AT KALLUPALYA, KASABA HOBLI KITHNAMANGALA, TUMKURU-572 130 …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY TUMAKURU TOWN POLICE STATION TUMAKURU DISTRICT REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001. 2. SHASHIKUMAR @ SWAMY S/O NAGALINGAIAH AGED ABOUT 38 YEARS R/AT GANGONAHALLI MAIN ROAD 1ST MAIN, 3RD CROSS T BAIRAPPA LAYOUT BANGALORE-560 045 NATIVE KALLUPALYA, KASABA HOBLI KUNIGAL TALUK, TUMAKURU DISTRICT-572 101 …RESPONDENTS (BY SRI. M.N. ANOOPKUMAR, HCGP) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.47/2025 OF TUMKURU TOWN POLICE STATION FOR THE OFFENCE P/U/S/ 126(2), 109(1), 351(2), 352, 238 OF BNS ON THE FILE OF THE Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13046 CRL.P No. 4306 of 2025 PRINCIPAL SENIOR CIVIL JUDGE AND CJM COURT, TUMAKURU DISTRICT. 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 has been charge-sheeted for offences punishable under Sections 126(2), 109(1), 351(2), 352, and 238 of the Bharatiya Nyaya Sanhita (BNS), 2023, and now seeks relief from this Court. 2. Sri Sagar N, learned counsel files vakalath on behalf of the respondent No.2. 3. The prosecution alleges that the petitioner is the brother of the de facto complainant, and a dispute arose regarding the partition of immovable properties. It is claimed that the petitioner assaulted the de facto complainant with a knife, abused him, and threatened him with dire consequences. 4. Both parties are present before this Court and have filed an application for the compounding of the offences. They aim to prevent further hostility by agreeing to withdraw all allegations made against each other and to maintain a cordial relationship. This agreement has been placed on record. 5. It is acknowledged that the petitioner and respondent No.2 are brothers, and the incident occurred due to a dispute over the partition of immovable properties. The First Information Report (FIR) alleges that the petitioner assaulted - 3 - NC: 2025:KHC:13046 CRL.P No. 4306 of 2025 the de facto complainant with a knife on his abdomen. However, the wound certificate does not establish that the de facto complainant sustained an abdominal injury from the alleged assault; instead, it indicates a simple injury. 6. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to trial would serve no purpose. The likelihood of conviction is remote in light of the settlement. Therefore, continuing criminal proceedings against the petitioner would amount to an abuse of the legal process. 7. Accordingly, I pass the following. ORDER: (i) Accordingly, the petition is allowed. (ii) The impugned proceedings in CC No.47/2025 pending on the file of the learned Principal Senior Civil Judge and CJM Court, Tumkur District, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 2