- 1 - HC-KAR NC: 2025:KHC:23145 WP No. 18756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18756 OF 2025 (GM-RES) BETWEEN: SRI. SURESH P., S/O PUTTASWAMY, AGED ABOUT 47 YEARS, R/AT NO. 130, 1ST FLOOR, 2ND CROSS, MUNESHWARA LAYOUT DODDABIDARAKALLU, NAGASANDRA POST, BENGALURU – 560 073 …PETITIONER (BY SRI. MAHESHCHANDRA B. N., ADVOCATE) AND: 1. THE STATE BY PEENYA PS, BENGALURU – 560 058 (REPRESENTED BY HCGP) HIGH COURT BUILDING BENGALURU – 560 001 2. SRI RAGHU A., S/O VIRUPAKSHI GOWDA A., AGED ABOUT 28 YEARS, R/AT NO. 01, MUNESHWARA LAYOUT, DODDABIDARAKALLU, NAGASANDRA POST, BENGALURU – 560 073 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. AMBRISHA N., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA R/W SECTION 582 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE FIR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23145 WP No. 18756 of 2025 DATED 25.03.2025 BEARING NO. 164/2025 LODGED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 118(1) AND 352 OF BNS, 2023 PENDING ON THE FILE OF 31ST ACMM, BENGALURU PRODUCED AT ANNEXURE-B. 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 has sought for the following relief:- “i) Issue a writ or such other order to quash the FIR dated 25.03.2025 bearing No.164/2025 lodged by the 1st respondent – Police for the offences punishable under Sections 118(1) & 352 of BNS, 2023 pending on the file of 31st ACMM, Bengaluru produced at Annexure-B; ii) Pass such other order as this Hon’ble Court deems fit to grant in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Memo along with affidavit of respondent No.2 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the - 3 - HC-KAR NC: 2025:KHC:23145 WP No. 18756 of 2025 contents of the Joint Memo along with affidavit of respondent No.2 which reads as under:- “JOINT MEMO It is respectfully submitted that, the Petitioner and the 2nd Respondent herein have amicably settled the present lis among themselves with the intervention of the well-wishers, the 2nd Respondent herein has agreed for the quashing of the present FIR dated 25/03/2025 bearing No.164/2025 lodged by the 1st Respondent Police on the file of 31st Addl. Chief Metropolitan Magistrate, Bengaluru. Hence this memo along with the affidavit may kindly be taken on record and the present Writ Petition be allowed in the interest of justice and equity. AFFIDAVIT OF RESPONDENT NO.2 I, Raghu A, S/o Virupakshi Gowda A, Aged about 28 years, R/at No.01, Muneshwara Layout, Doddabidarakallu, Nagasandra Post, Bengaluru - 560 073, do hereby solemnly affirm and state on oath as follows:- 1. I submit that, I am the 2nd Respondent in the above Petition, I am well conversant with facts of the case, hence I am competent to swear to this affidavit. 2. I state that, I had filed a complaint as against the petitioner herein before the 1st Respondent Police and the said compliant was registered as FIR dated 25/03/2025 - 4 - HC-KAR NC: 2025:KHC:23145 WP No. 18756 of 2025 bearing No.164/2024 for the offences punishable under section 118(1) & 352 of BNS, 2023. 3. I state that, in furtherance of the aforesaid FIR the petitioner herein has preferred the present Writ Petition seeking quashing of the said FIR. I further state that, while the present petition was pending with the intervention and assistance of our well-wishers, since we are neighbors and whatever had transpired, had transpired in that heat of the moment, as such I have amicably settled the matter with the petitioner herein. 4. I state that, I have settled the matter on my own will and there is no duress, coercion or undue influence exerted by the petitioner or anyone to settle the matter amicably. I have settled the matter amicably on my own will, as such I have no objection to quash the FIR 25/03/2025 bearing No.164/2024 lodged by the 1st Respondent Police on the file of 31st Addl. Chief Metropolitan Magistrate, Bengaluru. I hereby verify that the contents of this affidavit are true and correct to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 5 - HC-KAR NC: 2025:KHC:23145 WP No. 18756 of 2025 ORDER (i) The petition is disposed of in terms of Joint Memo along with Affidavit of respondent No.2 dated 30.06.2025. (ii) The Complaint / FIR in Crime No.164/2025 dated 25.03.2025 of Peenya Police Station registered for the offences punishable under Sections 118(1) & 352 of BNS pending on the file of the 31st Additional Chief Metropolitan Magistrate, Bengaluru in relation to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 169