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2025 DAILYLAW 22384 (KAR)

DINESH HT v. STATE OF KARNATAKA

CRL.P/4552/2025 · 2025-06-10

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19829 CRL.P No. 4552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4552 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: DINESH H T (AS PER AADHAR CARD), MENTIONED AS EXECUTIVE ENGINEER IN FIR S/O LATE. H T THIMMAPPA GOWDA AGED ABOUT 57 YEARS R/AT SHUBHADHA ASHOKA ROAD NEAR LAND ARMY OFFICE VIDYA NAGAR, ALUR HASSAN DIST – 573 202. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HASSAN EXTENSION POLICE STATION REPRESENT ED BY STATE PUBLIC PROSECUTRO HIGH COURT BUILDING BANGALORE - 560 001. 2. RAMACHANDRA B C AGED ABOUT 53 YEARS S/OALTE CHANNAIAH R/AT AUDIT OFFICE, PANCHAYAT RAJ ENGINEERING DIVISION OFFICE N R CIRCLE, HASSAN – 573 201. ALSO RA/T C/O LATE H K KARUNAKAR LIG 125, 7TH CROSS, KUVEMPU NAGARA HASSAN – 573 201. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL.SPP FOR R-1 SRI. NAGARAJ.M. BHAT, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19829 CRL.P No. 4552 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE FIR AGAINST THE PETITIONER IN CR.NO.85/2025 OF HASSAN EXTENSION POLICE STATION, FOR THE OFFENCE P/U/S 132, 352, 351(2), 351(3) R/W 3(5) OF BNS, 2023 AND SEC. 3(1)(r)(s), 3(2)(5a) OF SC/ST (POA) AMENDMENT ACT, PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS COURT, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “Wherefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to allow the petition and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offence punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Sections 3(1)(r)(s) of SC/ST (POA) Amendment Act, pending on the file of Addl. District & Sessions Court, Hassan, in the interest of justice.” 2. Learned counsel for the petitioner – accused No.2 and learned counsel for 2nd respondent – complainant have filed an application under Section 528 r/w Section 359(2) of BNSS, 2023 dated 10.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 - HC-KAR NC: 2025:KHC:19829 CRL.P No. 4552 of 2025 3. Petitioner – accused No.2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application, which reads as under:- “APPLICATION UNDER SECTION 528 OF READ WITHSECTION 359(2) OF BHARATIYA NAGARIK SURAKSHA SANHITA The Petitioner and Respondent No.2 respectfully submits as follows: 1. It is submitted that in the above criminal petition, the petitioner is seeking for quashing the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offences punishable under section 132, 352, 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act, pending on the file of Addl. District & Sessions Court, Hassan. 2. It is submitted in the above case the respondent no.2/complainant filed complaint against the Petitioner and the same is registered in 85/2025 of Hassan Extension Police Station for the offences punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act. The respondent no.2 herein is the complainant, aggrieved person and competent to compound the offences alleged. 3. It is submitted that, the petitioner is the senior colleague of the 2nd respondent and the dispute between them are settled - 4 - HC-KAR NC: 2025:KHC:19829 CRL.P No. 4552 of 2025 amicably within themselves with the intervention of well- wishers and the Respondent No.2 has no objection to quash the proceedings against the Petitioner. In view of the compromise arrived between the parties, respondent no.2 has no objection to quash the entire proceedings against the petitioner for the aforesaid offences. 4. It is submitted that offence under Section 352, 351(2), 351(3) of BNS are compoundable in nature. Though the offence under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS are compoundable in nature. Though the offence under section 132, 3(1)(r)(s), 3(2)(5a) are non-compoundable in nature but respondent no.2 is not having any objection for quashing the entire proceedings against the petitioner since the dispute between them are settled amicably within themselves with the intervention of well-wishers. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioner and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offences punishable under sections 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act, pending on the file of Addl. District and Sessions Court, Hassan otherwise the Petitioner will be put to irreparable injury and hardship. Wherefore, it is prayed that this Hon’ble Court be pleased to permit the parties to compound the offences against the Petitioner and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police - 5 - HC-KAR NC: 2025:KHC:19829 CRL.P No. 4552 of 2025 Station for the offences punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act, pending on the file of Addl. District and Sessions Court, Hassan, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application filed under Section 528 r/w Section 359(2) of BNSS, 2023 dated 10.06.2025. (ii) The entire proceedings arising out of FIR dated 22.03.2025 in Crime No.85/2025 registered by the 1st respondent – Police, for offences punishable under Sections 132, 352, 351(2), 351(3) r/w 3(5) of BNS, 2023 and Sections 3(1)(r)(s), 3(2)(5a) of SC/ST (PoA) Amendment Act, pending on the file of Addl.District and Sessions Judge, Hassan, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.