Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6454 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 6488 OF 2025 (482(Cr.PC) / 528(BNSS))
IN CRL.P No. 6454/2025: BETWEEN:
MRS. SANDHYA C., W/O. MR .SARANATH KANNAN, AGED 44 YEARS, R/AT NO 373, 1 CROSS, EWS BDA LAYOUT, 2ND BLOCK, 8TH PHASE, J. P. NAGAR, BANGALORE - 560 078. …PETITIONER (BY SMT. RADHA R., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE INSPECTOR OF POLICE, KONANAKUNTE POLICE STATION, BENGALURU - 560 062. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI DEEPAK BHAT, AGED 47 YEARS, S/O. SRI SHRIPAD G. BHAT R/AT NO. 375, 1 CROSS,
Digitally signed by R HEMALATHA Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
EWS BDA LAYOUT, 2ND BLOCK, J P NAGAR, 8TH PHASE BANGALORE - 560 076. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1;
SRI. MANOHAR P., ADVOCATE FOR R2)
THIS CRL.P FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH AND SET ASIDE THE CHARGE SHEET FILED IN C.C.NO.4882/2025 ARISING OUT OF CRIME NO.411/2024 PENDING ON THE FILE OF THE HONBLE 30TH ACMM BENGALURU AND QUASH AND SET ASIDE ALL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CONNECTION WITH THE AFOREMENTIONED CASE. IN CRL.P NO. 6488/2025: BETWEEN:
1. SRI.DEEPAK BHAT AGED ABOUT 46 YEARS, S/O. SRI SHIPAD G BHAT, R/A NO. 375, 1ST CROSS, EWS BDA LAYOUT, 2ND BLOCK, JP NAGAR, 8TH PHASE, BENGALURU- 560 076. 2. SRI. SHRIPAD GANAP BHAT AGED ABOUT 83 YEARS, S/O SRI.GANAP BHAT, R/AT NO.87-A, "ASHIRWAD" NITHYANAND MATH ROAD, SIRSI- 581 402, NORTH KARNATAKA. ...PETITIONERS (BY SRI. MANOHAR P., ADVOCATE)
- 3 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
AND:
1. STATE BY INSPECTOR OF POLICE KONANKUNTE POLICE STATION SUBRAMANYAPURA SUB DIVISION BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE CITY- 560 001. 2. SMT. SANDHYA C., W/O. SARNATH KANNAN, AGED ABOUT 44 YEARS, RESIDING AT HOUSE NO. 373, 1ST CROSS, EWS, BDA LAYOUT, 2ND BLOCK, 8TH PHASE, J.P.NAGAR, BANGALORE CITY- 560 076. ...RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SMT.
RADHA R., ADVOCATE FOR R2)
THIS CRL.P FILED U/S. 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4881/2025 ARISING OUT OF CR.NO.414/2024 FOR THE OFEFNCE P/U/S 351(2), 352, 75 AND 324(4) OF BNS, ACT, 2023 BEFORE THE COURT OF THE LEARNED 30TH ADDL. CJM, BANGALORE CITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
- 4 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent–State in these petitions.
2. These petitions arise out of a case and counter- case involving the same incident, and are, therefore, taken up together, heard jointly, and disposed of by this common
order in the interest of justice.
3. The petitioner in Crl.P No. 6454/2025 has sought to quash the criminal proceedings in C.C. No. 4882/2025, wherein he is being prosecuted for offences punishable under Sections 118(1), 351(2), and 352 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as
“BNS”).
4. The petitioners in Crl.P No. 6488/2025 have challenged the proceedings in C.C. No. 4881/2025 for the offences punishable under Sections 351(2), 352, 75, and 324(2) of the BNS, 2023.
5.
Learned counsel appearing for both parties submitted that the parties are neighbours, and the alleged offences arose out of a trivial altercation wherein both sides allegedly abused and assaulted each other. In this regard, both parties are present before the Court and have filed joint
- 5 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
memos recording that the dispute has been amicably resolved. 6. As per the joint memo, the parties have agreed to withdraw all allegations made against each other and have expressed that they have no objection to the quashing of the criminal proceedings. The settlement has been entered into to preserve peace, maintain neighbourly harmony, and prevent further hostility. The joint memos are duly taken on record. 7. Although the offences alleged are cognizable and non-compoundable, in view of the amicable settlement between the parties, this Court is of the opinion that permitting the prosecution to continue would not serve any useful purpose. In the facts and circumstances of the case, the possibility of conviction is remote and the continuation of proceedings would amount to an abuse of the process of law. 8. The Hon’ble Supreme Court, in various decisions including Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, has held that in cases involving offences which are predominantly of a personal or private nature, where the parties have resolved their differences, the High Court may, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, quash the criminal
- 6 -
NC: 2025:KHC:17402 CRL.P No. 6454 of 2025 C/W CRL.P No. 6488 of 2025
proceedings to secure the ends of justice and prevent the abuse of the process of the court. 9. In view of the above and in exercise of powers under Section 482 Cr.P.C., the petitions are allowed. The criminal proceedings in C.C. No. 4881/2025 and C.C. No. 4882/2025, pending before the Court of the learned XXX Magistrate, are hereby quashed. 10. Accordingly, the petitions are allowed. Crl.P No.6454/2025: The impugned proceedings in CC No.4882/2025 pending on the file of the learned 30th Additional Chief Metropolitan Magistrate, Bangalore, is hereby quashed. Crl.P No.6488/2025: The impugned proceedings in CC No.4881/2025 pending on the file of the learned 30th Additional Chief Metropolitan Magistrate, Bangalore City, is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 3 Sl No.: 4