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2025 DAILYLAW 22769 (KAR)

ANAND v. STATE OF KARNATAKA

WP/9961/2025 · 2025-04-02

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14577 WP No. 9961 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9961 OF 2025 (GM-RES) BETWEEN: 1. ANAND AGED ABOUT 46 YEARS, S/O LATE RAJENDRAN R/AT:NO.52, 14TH CROSS, 4TH BLOCK, PEENYA, BENGALURU-560 058. 2. VINOD KUMAR AGED ABOUT 35 YEARS, S/O V DHANIRA CHANDRA R/AT:NO.376, 4TH LINE, I.T.I TELEPHONE LAYOUT, K.R. PURAM, BENGALURU-560 036. 3. SHIVAKUMAR AGED ABOUT 47 YEARS, S/O NARAYANAPPA R/AT:NO.185, 1ST MAIN, SUNCITY RBI LAYOUT, 7TH PHASE, J.P. NAGAR BENGALURU - 560 078. 4. AJAY AGED ABOUT 39 YEARS, S/O T UMASHANKAR R/AT: NO.22, 2ND CROSS, BASAVANAPURA MAIN ROAD, K.R. PURAM, BENGALURU - 560 036. 5. LOKESH AGED ABOUT 35 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14577 WP No. 9961 of 2025 S/O MUTTAPPA R/AT: NO.09, ANTHONY MARY'S BUILDING, V.B LAYOUT, K.R. PURAM, BENGALURU-560 036. …PETITIONERS (BY SRI. MAYUR D. BHANU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO K.R. PURAM POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. NANDEESH AGED ABOUT 44 YEARS, S/O LATE RANGARAJ R/AT:NO.20, NEW BEL ROAD, RMV II STAGE, SANJAY NAGAR, BENGALURU - 560 094. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. HARSHA N. VEERANGOUDRA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC, 2023 PRAYING TO QUASH THE FIR IN CRIME NO.842/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 149, 324, 344, 346, 363, 364A, 365, 386, 504, 506 READ WITH SECTION 120B OF THE INDIAN PENAL CODE, IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:14577 WP No. 9961 of 2025 ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State. 2. Sri Harsha N. Veerangoudra, learned counsel files power on behalf of respondent No.2 and the same is placed on record. 3. The petitioners who are facing investigation in Crime No.842/2023 for the offences punishable under Sections 143, 149, 324, 344, 346, 363, 364A, 365, 386, 504, 506 r/w Section 120B of the Indian Penal Code are before this Court seeking relief. 4. The 2nd respondent lodged the first information report (FIR) stating that respondent No.2 is involved in real estate business and is a civil contractor by profession and due to his professional requirements the victim had obtained hand loan from respondent No.2 for a sum of Rs.60,00,000/- from one Rajamani through M/s ICICI Bank and M/s Axis Bank, and accused No.1 and 2 started demanding an amount in the form of commission from the victim and when he refused, accused Nos.1 and 2 threatened the victim, kidnapped him and demanded ransom of Rs.20,00,000/-. 5. The accused No.1, respondent No.2-informant and victim are present before this Court and respondent No.2 and the victim have filed an affidavit for compounding, stating that they have amicably resolved the dispute among themselves, and the FIR was lodged at the instance of respondent No.2 who - 4 - NC: 2025:KHC:14577 WP No. 9961 of 2025 is the worker and friend of the victim on the misinformation given by the wife of the victim. The respondent No.2 and the victim who are present before this Court have agreed to withdraw all the allegations made against the petitioners and have no objection for quashing the impugned FIR. 6. The affidavits are placed on record. 7. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioners to investigation would serve no purpose. The likelihood of Police filing the charge sheet is unlikely in light of the settlement. To prevent further hostility, continuing investigation against the petitioners despite compromise would amount to 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.842/2023 registered by the K.R. Puram Police Station, insofar it relates to accused- petitioners herein are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 27