Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13251 CRL.P No. 9087 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9087 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
AKSHAR K.R.
S/O K.M. RAJENDRA AGED 25 YEARS SANNAMAME LAYOUT SRI NAGAR, SAGAR TALUK SHIVAMOGGA 577401. …PETITIONER (BY SMT. KSHAMA NARGUND, ADV., FOR SMT. SONA NARGUND, ADV.,)
AND:
1.
STATE OF KARNATAKA BY HIGH GROUNDS POLICE STATION SESHADRIPURAM SUB-DIVISION REPRESENTED BY PUBLIC PROSECUTOR BENGALURU.
2. BHARGAV S/O RAVICHANDRA AGED ABOUT 32 YEARS RESIDING AT NO.13, OLD NO.30 GROUND FLOOR, MANASA YAMUNA BAI ROAD, MADHAVANAGAR BANGALORE – 560001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. NAVEEN KUMAR G, ADV., FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR NO.0135/2023 DATED 23.06.2023
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:13251 CRL.P No. 9087 of 2023
REGISTERED BEFORE HIGH GROUND POLICE STATION, FOR OFFENCES U/S. 427, S448, S504 AND S506 OF INDIAN PENAL CODE, 1860 PENDING BEFORE THE HON’BLE COURT OF VIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU PRODUCED AT ANNEXURE-A & ETC.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner has preferred this petition seeking to quash the FIR in Cr.No.135/2023 dated 23.6.2023 registered at High Grounds Police Station, Bengaluru, for the offence punishable under Section 427, 448, 504 and 506 of IPC. 2. Law was set into motion by respondent No.2. A joint application has been filed under Section 320 of Cr.P.C., signed by the petitioner as well as respondent No.2 represented by their advocates. Both petitioner as well as respondent No.2 have filed verifying affidavits in support of the joint application. 3. The joint application reads as follows:
“1. The parties submit that Respondent No.2 had filed a complaint on
14.06.2023. An FIR
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NC: 2025:KHC:13251 CRL.P No. 9087 of 2023
No.0135/2023 came to be registered by the High Grounds Police Station on 23.06.2023 for offences under Section 427, 448, 504 and 506 of the Indian Penal Code, 1860. 2. It is submitted that Crime No.0135/2023 is pending before the Learned VIII Additional Chief Judicial Magistrate Bangalore. 3. The petitioner had approached this Hon’ble Court under Section 482 of the Cr.P.C. for quashing of the FIR No.0135/2023 dated 23.06.2023 registered by the High Grounds Police Station on 23.6.2023 for offences under Section 427, 448, 504 and 506 of the Indian Penal Code, 1860 in Crime No.0135/2023 pending before the Learned VIII Additional Chief Judicial Magistrate, Bangalore. 4. It is submitted that all the offences are compoundable in nature. Due to the intervention of well-wishers and friends, both the parties i.e., the petitioner and Respondent No.2 have entered into a settlement. 5. The Respondent No.2 agrees to withdraw the Complaint against the Petitioner. Both the Parties submit that they do not have any further claims against each other. - 4 -
NC: 2025:KHC:13251 CRL.P No. 9087 of 2023
6. Both the parties submit that they have entered into this settlement out of their own volition, without any coercion or misrepresentation. They further submit that this settlement is final and irrevocable.
Wherefore, for the aforementioned reasons it is humbly prayed that this Hon’ble Court may be pleased to permit the compounding of the offences and thereby quash the FIR No.0135/2023 dated 23.06.2023 registered by the High Grounds Police Station on 23.06.2023 for offences under Section 427, 448, 504 and 506 of the Indian Penal Code, 1860 in Cr.No.0135/2023 pending before the Learned VIII Additional Chief Judicial Magistrate, Bangalore in the interests of justice and equity.”
4. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having
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NC: 2025:KHC:13251 CRL.P No. 9087 of 2023
overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 5. In view of the settlement between the parties and the application seeking to compound the offence, no purpose will be served in keeping the proceedings pending against the petitioner. Accordingly, the following:
ORDER i. Petition is allowed.
ii. The entire proceedings arising out of Cr.No.135/2023 registered at High Grounds Police Station, Bengaluru, pending on the file of the Court of VIII Additional Chief Judicial Magistrate, Bengaluru, is quashed.
iii. I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE
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