- 1 - NC: 2025:KHC:15688 CRL.P No. 5154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5154 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. YADHUNANDHANA S/O GOPALAIAH, AGED ABOUT 27 YEARS, RESIDING AT NO.VTC: CHANGAVI. GUBBI, TUMKUR - 572 137. 2. NAGESHA @ A.V.NAGESH S/O VEERA NARASEGOWDA, AGED ABOUT 51 YEARS R/A NO.42 A, 3RD CROSS, SANJEEVENI NAGARA, MOODALAPALYA, BANGALORE NORTH - 560 072. 3. SRINIVASA S/O VENKATANARSAIAH AGED ABOUT 26 YEARS, R/A AVERAHALLI VILLAGE, CHANDRASHEKARAPURA, GUBBI TALUK, TUMKURU DISTRICT - 572 213. 4. DHANANJAYA S/O JAGADISH AGED ABOUT 22 YEARS R/A AVERAHALLI VILLAGE, CHENGAVI, GUBBI TALUK, TUMKURU DISTRICT - 572 213. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15688 CRL.P No. 5154 of 2025 5. VENKATESHA S/O NARASIMA @ NARASHIMIAH AGED ABOUT 20 YEARS, R/A AVERAHALLI VILLAGE, CHANDRASHEKARAPURA, GUBBI TALUK, TUMKURU DISTRICT - 572 213. 6. DHANANJAYA A N S/O NARSHIMAMURTHY A P AGED ABOUT 29 YEARS AVERSHALLI VILLAGE, CHANDRASHEKARAPURA GUBIBI TALUK, TUMKURU DISTRICT-572 213. …PETITIONERS (BY SRI. PRASHANTH S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANDRASHEKARAPURA POLICE STATION GUBBI CIRCLE, TUMAKURU. 2. SUCHITRA R D/O LATE RAJANNA, AGED ABOUT 27 YEARS, R/A RAJENAHALLI GUBBI TALUK TUMKUR DISTRICT - 572 213. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. K.N. UDAYASHANKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS VIDE ANNEXURE C IN S.C NO.163/2024) CRIME NO.82/2023) ON THE FILE OF LEARNED VI ADDITIONAL DISTRICT AND SESSION JUDGE AT TUMAKURU FOR THE U/S IPC 109, 427, 307, 436, 506, 34 UNDER EXPLOSIVES SUBSTANCES ACT, 1908 AND ETC. - 3 - NC: 2025:KHC:15688 CRL.P No. 5154 of 2025 THIS PETITION, COMING ON FOR ORDERS, 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 K.N. Udayashankar, learned counsel files power on behalf of respondent No.2 and the same is placed on record. 3. The petitioners-accused-1 to 6 who are facing trial for the offences punishable under Sections 307, 436, 506, 34 of IPC and Section 3 of Explosive Substances Act, are before this Court seeking relief. 4. The prosecution alleges that, accused No.1 was in love with the complainant and used to harass her and tortured her to marry him and the complainant having not agreed to the proposal of accused No.1, all the accused went to the house of the complainant carrying bottles filled with petrol and set ablaze the house of the complainant, the complainant and her family member were rescued by the neighbours. - 4 - NC: 2025:KHC:15688 CRL.P No. 5154 of 2025 5. The parties are present before this Court and the petitioners have annexed the copy of the affidavit/settlement agreement filed by the complainant stating that the first information report (FIR) was lodged inadvertently out of fear and shock and she has not sustained any burn injuries due to the alleged throwing of the bottles filled with petrol on the house belonging to the complainant and petitioners have not committed any offence. It is further stated that the complainant has agreed to withdraw all the allegations made against the petitioners and has no objections for quashing the impugned proceedings to maintain cordial relationship and to prevent further hostility. 6. The prosecution has not placed any material to substantiate that the complainant has sustained any burn injuries due to the alleged assault made by the petitioners nor the house of the complainant was set on fire. 7. Although the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, and the respondent No.2 having agreed to withdraw all the allegations made by her, it would be futile exercise if the petitioners -accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. - 5 - NC: 2025:KHC:15688 CRL.P No. 5154 of 2025 8. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in S.C No.163/2024 pending on the file of the VI Additional District and Sessions Judge, Tumakuru, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 7