- 1 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8243 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. JHONSON S/O. ANTHONYRAJ, AGED ABOUT 27 YEARS R/AT. NO.104, 6TH CROSS, BABUSABPALYA, BENGALURU – 560 043 2. RAJESH @ MIKEL S/O. RAMESH, AGED ABOUT 29 YEARS R/AT. NO. 7, 4TH CROSS, MUDDAMA GARDEN, J.C NAGAR, BENGALURU – 560 046 3. JACOB JONATHON S/O. GILBERT JOVIYER, AGED ABOUT 27 YEARS, R/AT. NO. 165, 9TH CROSS, VILLIAM TOWN, BENGALURU – 560 046 …PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASWADI P.S., BANGALORE REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 2. SRINIVAS R., S/O N. RAMAIAH, AGED ABOUT 55 YEARS, R/AT NO.22/1, SAMPANA LAYOUT, KALIDAS ROAD, KAMMANAHALLI, BENGALURU – 560 084 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. RAMESH H., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND CONSEQUENTLY THE PROCEEDINGS IN CRIME NO.145/2021 REGISTERED WITH THE BANASWADI POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 341, 323, 326 R/W SEC.34 OF IPC IN SO FAR AS THE PETITIONER IS CONCERNED, NOW PENDING ON THE FILE OF THE HON’BLE XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU IN C.C.NO.53444/2021 FOR OFFENCE PUNISHABLE UNDER SECTION 341, 323, 326 R/W SEC.34 OF IPC. THIS PETITION, COMING ON FOR FINAL HEARING, 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 relief:- “A) Quash the entire Charge-sheet and consequently the proceedings in Crime No.145/2021 registered with the Banaswadi P.S for the offence p/u/s 341, 323, 326 r/w 34 of IPC in so far as the petitioners is concerned, now pending on the file of the Hon’ble XI Additional Chief Judicial Magistrate Court at Bangalore in C.C.No.53444/2021 for offences p/u/s 341, 323, 326 r/w 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 B) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the ends of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed an Application under 359 r/w. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 and accompanying affidavit, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Application and the accompanying affidavit, which reads as under:- “APPLICATION FILED UNDER 359 r/w 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023. The Petitioners and Respondent No.2 submits as follows: 1. Though the offences alleged in the charge sheet is under Section 341, 323, 326 r/w 34 of IPC in charge sheet for which respondent have filed the accused persons were college students at the time of incident and they were not involved in the incident and - 4 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 therefore to meet the ends of justice proceedings is necessary to be quashed. 2. It is submitted that the Petitioner has preferred the main petition to quash the proceedings in C.C No. 53444/2021 on the file of Hon'ble XI Addl. Chief Judicial Magistrate at Bangalore which is arising out of Crime No.145/2021 of Banaswadi Police Station, Bangalore for offences under sections 341, 323, 326 r/w 34 of IPC. 3. It is submitted that, the Petitioners and Respondent No.2 have decided to put an end to the proceedings in C.C No. 53444/2021 and lead their personal life cordially and therefore the second Respondent has agreed to quash the proceedings in C.C No. 53444/2021 on the file of Hon'ble XI Addl. Chief Judicial Magistrate at Bangalore which is arising out of Crime No.145/2021 of Banaswadi Police Station, Bangalore for offences under sections 341, 323, 326 r/w 34 of IPC and there is no coercion or force is applied on the Respondent No.2. 4. In view of settlement in between Petitioner and Respondent No.2, the Petitioner has agreed to settle the matter and to lead their personal life. Wherefore, the Petitioner and the Respondent No.2 pray this Hon'ble Court to quash the proceedings in C.C No. 53444/2021 on the file of Hon'ble XI Addl. Chief Judicial Magistrate at Bangalore which is arising out of Crime - 5 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 No.145/2021 of Banaswadi Police Station, Bangalore for offences under sections 341, 323, 326 r/w 34 of IPC in the ends of Justice.” “JOINT AFFIDAVIT Sri. Jhonson, S/o. Anthonyraj, Aged about 27 years, R/at. No.104, 6th Cross, Babusabpalya, Bengaluru 560043. Sri. Rajesh @ Mikel, S/o. Ramesh,Aged about 29 years R/at. No.7, 4th Cross, Muddama Garden, J.C Nagar, Bengaluru -560046. Sri. Jacob Jonathon, S/o. Gilbert Joviyer, Aged about 27 years, R/at. No. 165, 9th Cross, Villiam Town, Bengaluru - 560046. AND Sri. Srinivas R, S/o N. Ramaiah, Aged about 55 years R/at No.22/1, Sampana Layout, Kalidas Road, Kammanahalli, Bengaluru-560084. 1. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit. 2. The averments made in the accompanying application from Paras 1 to 4 for settlement and to quash the proceedings are true and correct to the best of information and belief. our knowledge, 3. We both have decided to put an end to the proceedings in C.C No. 53444/2021 (Crime - 6 - HC-KAR NC: 2025:KHC:22228 CRL.P No. 8243 of 2025 No.145/2021 of Banaswadi Police Station, Bangalore) now on the file of the Hon'ble XI Addl. Chief Judicial Magistrate at Bangalore) for offences p/u/s 341, 323, 326 r/w 34 and lead our personal life cordially. I second of me agreed to quash the proceeding in C.C No. 53444/2021 now on the file of the Hon'ble XI Addl. Chief Judicial Magistrate at Bangalore in the ends of Justice.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Application Filed under 359 r/w. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, dated 24.06.2025. (ii) The proceedings in C.C.No.53444/2021 (arising out of Crime No.145/2021 of 1st respondent – Police) registered for the offences punishable under Sections 341, 323, 326 r/w. 34 of IPC pending on the file of XI Additional Chief Judicial Magistrate Court, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 3 Sl No.: 104