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2025 DAILYLAW 22970 (KAR)

VARUN KUMAR G v. THE STATE OF KARNATAKA

CRL.P/4932/2025 · 2025-04-03

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14148 CRL.P No. 4932 of 2025 C/W CRL.P No. 9077 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4932 OF 2025 C/W CRIMINAL PETITION NO. 9077 OF 2024 IN CRL.P No. 4932/2025: BETWEEN: 1. VARUN KUMAR G, (AS PER AADHAR CARD) S/O LATE GANDHI K, AGED ABOUT 21 YEARS, R/AT #10/1, 1ST MAIN, 1ST CROSS, BYATARAYANAPURA, MYSORE ROAD, BENGALURU SOUTH, GOVERNMENT ELECTRIC FACTORY, BENGALURU - 560 026. 2. S. JAI SHANKAR, (AS PER AADHAR CARD) S/O V. SATHYANARAYANA, AGED ABOUT 22 YEARS, R/AT #4, 15TH MAIN, BYATARAYANAPURA, BENGALURU SOUTH, GOVERNMENT ELECTRIC FACTORY, BENGALURU - 560 026. 3. ULLAS S, (AS PER AADHAR CARD) S/O SURESH P. L, AGED ABOUT 24 YEARS, R/AT 17/18, 1ST MAIN, 1ST CROSS, BYATARAYANAPURA, MYSORE ROAD, VTC: BENGALURU SOUTH, PO: GOVERNMENT ELECTRIC FACTORY, BENGALURU - 560 026. …PETITIONERS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14148 CRL.P No. 4932 of 2025 C/W CRL.P No. 9077 of 2024 (BY SRI. ABHISHEK SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THILAKNAGAR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SANKET RAJPUROHIT S/O LALIT SINGH, AGED ABOUT 20 YEARS, R/AT NO-233B, 39TH CROSS, 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. DEEPTHI SHETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.21468/2022 (CR.NO.75/2022 OF THILAKNAGAR POLICE STATION) PENDING ON THE FILE OF CMM COURT AT BANGALORE FOR THE OFFENCE P/U/S 109, 120B, 141, 144, 146, 147, 148, 341, 324 AND 323 OF IPC AND ETC. IN CRL.P NO. 9077/2024 BETWEEN: KAUSTUBH N K (AS PER AADHAR CARD) S/O KUMARA SWAMY M N AGED ABOUT 21 YEARS R/AT NO.1081, 10TH MAIN, R.P.C LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE NORTH TALUK, HAMPINAGAR, BANGALORE-560 104. ...PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) - 3 - NC: 2025:KHC:14148 CRL.P No. 4932 of 2025 C/W CRL.P No. 9077 of 2024 AND: 1. STATE OF KARNATAKA BY THILAKNAGAR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SANKET RAJPUROHIT S/O LALIT SINGH, AGED ABOUT 20 YEARS, R/AT NO.233B, 39TH CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE-560 010. ...RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. DEEPTHI SHETTY, ADVOCATE FOR R2) THIS CRL.P FILED U/S.482(FILED U/S.528 BNNS) CR.P.C PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDING AGAINST THE PETITIONER IN C.C.NO.21468/2022 (CR.NO.75/2022 OF THILAKNAGAR POLICE STATION) PENDING ON THE FILE OF THE CMM COURT AT BENGALURU FOR THE OFFENCE P/U/S 109, 120- B, 141, 143, 144, 146, 147, 148, 341, 324 AND 323 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER These petitions arise out of case and counter case and they are taken up together, heard and disposed of by common order. 2. In Crl.P.No.4932/2025, the petitioners who are sought to be prosecuted for the offences punishable under - 4 - NC: 2025:KHC:14148 CRL.P No. 4932 of 2025 C/W CRL.P No. 9077 of 2024 Sections 109, 120B, 141, 143, 144, 146, 147, 148, 341, 324 and 323 of IPC are before this Court seeking relief. 3. In Crl.P.No.9077/2024, the petitioner who is sought to be prosecuted for the offences punishable under Sections 109, 120B, 141, 143, 144, 146, 147, 148, 341, 324 and 323 of IPC is before this Court seeking relief. 4. Heard the learned counsel for the parties. 5. The parties are college mates and the dispute between the parties is with regard to trivial issues resulting in abusing each others and assaulting each others. None of the parties have sustained injuries due to the incident. 6. The parties are present before this Court and have filed applications for compounding stating that in order to maintain cordial relationships and to prevent further hostility, they have amicably resolved the dispute among themselves, and in terms of the settlement, they have agreed to withdraw all the allegations made against each others and have no objections for quashing the impugned proceedings. 7. The applications are placed on record. 8. Although the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled their disputes among themselves, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement between them. Therefore, the - 5 - NC: 2025:KHC:14148 CRL.P No. 4932 of 2025 C/W CRL.P No. 9077 of 2024 continuation of the criminal proceedings will be an abuse of the process of law in view of the settlement arrived between the parties. Accordingly, I pass the following: ORDER i) The criminal petitions are allowed ii) The impugned proceedings in C.C.No.21468/2022 pending on the file of C.M.M. Court, Bengaluru, (arising out Crime No.75/2022 registered by the Tilaknagar Police Station) insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 1