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2025 DAILYLAW 29673 (KAR)

MOHAN KUMAR M L v. STATE BY HOSADURGA P.S.

CRL.P/8604/2025 · 2025-06-25

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22400 CRL.P No. 8604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8604 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MOHAN KUMAR M L S/O LOKESHAPPA AGED ABOUT 31 YEARS MANTENAHALLI JODI JANTHIKOLALU VILLAGE HOSADURGA VILLGE HOSADURGA TALUK CHITRADURGA DISTRICT – 577 554. …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY.C, ADVOCATE) AND: 1. STATE BY HOSADURGA P.S. BY ITS SPP OFFICE HIGH COURT COMPLEX BENGALURU 560 001. 2. KUBENDRA H O S/O H S ONKARAPPA AGED ABOUT 30 YEARS R/O HEBBALLI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT 577 554. …RESPONDENTS (BY SRI. B.N. JAGADEESHA.ADDL.SPP FOR R-1 SRI. THYAGARAJ, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED BY THE RESPONDENT NO.1 (HOSADURGA P.S) POLICE IN CR.NO.446/2024 VIDE ANNEXURE-A DATED 07.10.2024 FOR THE OFFENCE P/U/S 353(2) OF BNS AND C.C.NO.668/2025 FOR THE OFFENCE P/U/S 353(1) AND 353(2) OF BNS PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C, HOSADURGA CHITRADURGA DISTRICT AS PER ANNEXURE-F AS AGAINST THE PETITIONER HEREIN. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22400 CRL.P No. 8604 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a. Quash the FIR filed by the Respondent No. 1 [Hosadurga P.S] Police in Crime No.446/2024 Vide Annexure-A Dated: 07.10.2024 for the offences punishable under section 353(2) of BNS C.C.No.668/2025 for the offence punishable under section 353(1) & 353(2) of BNS pending on the file of Prl. Civil Judge & J Hosadurga, Chitradurga District as per Annexure-F. as against the petitioner herein, to serve the interest of justice. b. To pass any such other orders as deems fit to this a Court as per the circumstances of the case to meet the justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 25.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court - 3 - HC-KAR NC: 2025:KHC:22400 CRL.P No. 8604 of 2025 and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT “ We, Mohankumar.M.L S/o Lokeshappa, Aged about 31 years, Mantenahalli (Jodi), Janthikolalu Village, Hosadurga Taluk, Chitradurga District-577554 Accused/Petitioner, Kubendra H. O., S/o H. S. Onkarappa, Aged about 30 years, R/o Hebballi Village, Hosadurga Taluk, Chitradurga De Facto District-577554 Complainant/Respondent No.2. Both the Petitioner and Respondent No.2 respectfully submit as follows; 1. It is submitted that both the petitioner and the respondent No.2 have settled the dispute amicably outside the Hon'ble Court due to intervention of elders, friends and well-wishers. 2. It is further submitted that the petitioner and the Respondent No.2 are the Friends known to each other and both of them have decided to withdraw the allegations against each other and they have decided to settle the above criminal case since the Respondent No.2 does not wish to continue the litigation. 3. It is further submitted that in view of the settlement between the parties respondent No.2 has no objection to quash the Proceedings in C.C.No.668/2025 for the offences punishable Under Section 353(2) of BNS, pending on the file of The Prl. Civil Judge (Jr Dn) & JMFC at Hosadurga. - 4 - HC-KAR NC: 2025:KHC:22400 CRL.P No. 8604 of 2025 4. It is further submitted that both of them without any influence or coercion and after careful reading of this joint memo have affixed their signature. Wherefore it is prayed that this Hon'ble court may kindly be pleased to quash the Proceedings in C.C.No.668/2025 for the offences punishable Under Section 353(2) of BNS, pending on the file of The Prl. Civil Judge (Jr Dn) & JMFC at Hosadurga, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 25.06.2025. (ii) The proceedings in C.C.No.668/2025 arising out of Crime No.446/2024 registered by the 1st respondent – Police for offences punishable under Sections 353(1) and 353(2) of BNS, 2023, pending on the file of Prl.Civil Judge and JMFC, Hosadurga, Chitradurga district, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.