- 1 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7723 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. K N ABHISHEK AGED ABOUT 64 YEARS, W/O. LATE PEETHAMBARAM PARTHASARATHY. R/AT 45,9TH CROSS, PARIMALA NAGAR NANDINI LAYOUT BENGALURU – 560 096. 2. KISHOR KUMAR M S/O P MOHAN RAO AGED ABOUT 21YEARS R/AT 16, 6TH MAIN, MARUTHI EXTENSION GAYATHRI NAGARA BANGALORE – 560 021. …PETITIONERS (BY SMT. RAKSHA KEERTHAN.K, ADVOCATE) AND: 1. STATE OF KARNATAKA GOVINDARAJANGARA POLICE STASTION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SUSHMITHA M N D/O NAGARAJU AGED ABOUT 24 YEARS R/AT NO 995/18, 1ST MAIN NEAR SBI BANK M.C.LAYOUT VIJAYANAGARA BANGALORE – 560 040. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL.SPP FOR R-1 SRI. VIDYASAGAR.H.V, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH FURTHER INVESTIGATION IN CRIME NO.115/2025 REGISTERED BY RESPONDENT NO.1, GOVINDRAJ NAGAR P.S PENDING ON THE FILE OF HONBLE 24TH ADDL. ACMM COURT FOR OFFENCES P/U/S. 329(4), 115(2), 109, 352, 351(2), 351(3), 249 R/W 3(5) OF BNS, 2023 AGAINST THE PETITIONERS. I THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “Wherefore, the petitioners prays that, this Hon’ble court may be pleased to quash further investigation in crime No.115/2025 registered by respondent no.1 Govindaraj Nagar P.S., pending on the file of Hon’ble 24th ACMM Court for the offence punishable under section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 R/w 3(5) of BNS, 2023 against the petitioners, on such terms and any conditions as this Hon’ble court deems fit to impose under the circumstances of the above case, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed an application under Section 359 r/w 528 BNSS, 2023 accompanied by Joint Affidavit dated 10.06.2025 duly signed by the - 3 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 petitioners, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1 and 2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application along with Joint Affidavit, which reads as under:- “APPLICATION UNDER SECTION 359 OF R/W 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 The Petitioner and Respondent No.2 submits as follows: 1. It is submitted that, the offences alleged in the Cr.No.115/2025 are punishable under Section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 R/w 3(5) of BNS, 2023 for which there is no basis and the Petitioners and respondent No.2 are friends and have entered into compromise voluntarily and out of free will for the purpose of maintain good relationship hereafter and not touching the interest of public and therefore to meet the ends of justice proceedings may be quashed. 2. It is submitted that, the Petitioners have preferred the main petition to quash the proceedings in Crime No.115/2025 register by respondent no.1 for the offence punishable under section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 r/w 3(5) - 4 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 of BNS 2023 pending on the file of 24th ACMM Court Nrupathunga Road, Bengaluru. 3. It is submitted that, in view of intervention of the elder members of the family and relatives, Petitioners and Respondent No.2 have settled the dispute and the respondent no.2 has willfully agreed to withdraw the allegations made against the Petitioner. Wherefore, the Petitioner and the respondent No.2 prays before this Hon’ble Court to quash the entire investigation in Crime No.115/2025 register by respondent No.1 Govindaraja Nagar Police station for the offences punishable under section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 r/w 3(5) of BNS 2023 pending on the file of 24th ACMM Court Nrupathunga Road, Bengaluru, in the interest of justice and equity.” JOINT AFFIDAVIT We, 1. K.N.Abhishek, S/o Narasimha gowda K.L. Aged about 27 years R/at W.No.47, A Cross, Pipe Line, Basappa Garden, Malleshwaram, Bangalore – 560 003. 2. Kishore Kumar M., S/o P. Mohan Rao Aged about 21 years, R/at 16, 6th Main, Maruthi Extension, Gayathri Nagar, Bangalore – 560 021. 3. Sushmitha M.N., D/o Nagaraju Aged about 24 years, R/at No.995/18, 1st Main Near SBI Bank M.C. Layout, Vijayanagara, Bangalore – 560 040, do hereby solemnly affirm and state on oath as follows. - 5 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 1. W are will conversant with the facts of the above application. Hence, we are swearing to this joint affidavit. 2. The averments made in the accompanying application form paras 1 to 3 for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief. 3. We have settled the dispute and we have decided to put an end to the investigation Govindaraja nagara police station for the offence punishable under section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 R/w 3(5) of BNS, 2023 pending on the file of 24th ACMM Court, Nrupathunga Road, Bengaluru. And I Sushmitha M.N. (respondent No.2) have undertaken to withdraw the cases pending against K.N.Abhishek and Kishor Kumar M. (petitioners) and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship. 4. In view of this we humbly prays before this Hon’ble Court may be pleased to quash the FIR in Crime No.115/2025 registered by respondent No.1 Govindaraja nagar Police Station for the offence punishable under section 329(4), 115(2), 109, 352, 351(2), 351(3), 249 R/w 3(5) of BNS, 2023 pending on the file of 24th ACMM Court, Nrupathunga Road, Bengaluru in the interest of justice and equity. 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: - 6 - HC-KAR NC: 2025:KHC:19830 CRL.P No. 7723 of 2025 ORDER (i) Petition is disposed of in terms of the aforesaid application along with Joint Affidavit dated 10.06.2025. (ii) The entire proceedings in Crime No.115/2025 registered by the 1st respondent – Police for the offences punishable under Sections 329(4), 115(2), 109, 352, 351(2), 351(3), 249 r/w 3(5) of BNS, 2023, pending on the file of XXIV Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.