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2025 DAILYLAW 22718 (KAR)

MR JAYANTH B R v. STATE OF KARNATAKA

WP/9737/2025 · 2025-04-17

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16168 WP No. 9737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9737 OF 2025 (GM-RES) BETWEEN: 1. MR JAYANTH B R AGED ABOUT 29 YEARS S/O RAVIKUMAR DN RESIDENT OF NO.53, 1ST CROSS, ATTIGUPPE, VIJAYANAGAR, BANGALORE NORTH, BENGALURU - 560 040 …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER BYATARAYANAPURA POLICE STATION, BANGALORE- 560 026. 2. AISHWARAYA K D/O / W/O KRISHNA KUMAR AGED ABOUT 27 YEARS RESIDENT OF NO. 5151 SMV LAYOUT, 6TH BLACK, ULLALA, UPANAGARA DODDAKALSANDRA, BENGALURU-560 026 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. THILAK RAJ S V, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16168 WP No. 9737 of 2025 QUASH THE REGISTRATION AND ALL FURTHER INVESTIGATION OF THE CASE IN CRIME NO. 77 OF 2025 REGISTERED AT BYATARAYANAPURA POLICE STATION, BANGALORE AS AGAINST THE PETITIONER HEREIN WHO IS ARRAIGNED AS AN ACCUSED, FOR THE ALLEGED COMMISSION OF AN OFFENCE WHICH IS MADE PENAL UNDER SECTION 115(2) 352, 63(b) AND 75 OF THE BHARATIYA NYAYA SANHITA 2023 WHICH IS PRODUCED AS ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Sri Thilak Raj, S.V. learned counsel files vakalath on behalf of respondent No.2 and the same is placed on record. 3. The petitioner challenges the registration of the first information report (FIR) for the offences punishable under Sections 115(2), 352, 63(b), and 75 of the Bharatiya Nyaya Sanhita 2023 in Crime No.77/2025. 4. The 2nd respondent lodged the FIR alleging that following the party, the complainant-respondent No.2 along with the petitioners and others proceeded to JVH Hotel near Mysore Road Metro Station in the late hours on 8.3.2025 and the early hours of 9.3.2025. The complainant allegedly under the influence of alcohol claims that an act of physical assault and intimidation occurred at the said location. - 3 - NC: 2025:KHC:16168 WP No. 9737 of 2025 5. The respondent No.2-complainant is present before this Court and she has filed an application along with an affidavit for compounding stating that with the intervention of the friends and well wishers she had resolved the dispute with the petitioner-accused and in terms of the settlement, the respondent No.2 has agreed to withdraw all the allegations made against the petitioner and has no objection for quashing the impugned FIR. 6. The application along with the affidavit is placed on record. 7. Given the fact that the parties have amicably resolved the dispute among themselves, it would be futile to subject the petitioner for investigation, since the probability of Police filing the charge sheet is unlikely in view of the settlement between them. In such circumstances, continuation of the further investigation would be an abuse of the process of law. 8. Accordingly, the petition is allowed. 9. The impugned FIR in Crime No.77/2025 registered by the Byatarayanapura Police Station, Bangalore, insofar it relates to the petitioner herein is hereby quashed. 10. The respondent No.1 and the Chief Superintendent, Central Prison, Parappana Agrahara, to release the petitioner from the judicial custody who was arrested in Crime No.77/2025 registered by the Byatarayanpura Police Station, forthwith, if he is not required in any other case. - 4 - NC: 2025:KHC:16168 WP No. 9737 of 2025 11. The Registry to communicate this order to the concerned Jail Authorities forthwith through E-mail or Telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 18