MR GOPAN GOPINATH PILLAI v. THE STATE OF KARNATAKA
CRL.P/12141/2024 · 2025-06-12
S R Krishna Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35026 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35026 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20268 CRL.P No. 12141 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12141 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
MR. GOPAN GOPINATH PILLAI, S/O MR. T. M. GOPINATHA PILLAI, AGED ABOUT 42 YEARS, RESIDING AT B-1403, DNR ATMOSPHERE, RAMAGONDAHALLI, WHITEFIELD MAIN ROAD, WHITEFIELD, BANGALORE – 560 066 …PETITIONER (BY SRI. ANNAPOORNA S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001
2.
MR. JOY POULOSE PAYYAPPILLY, SON OF MR. P. PAYYAPPILLY DEVASSY AGED ABOUT 56 YEARS, RESIDING AT NO.207, JANA JEEVA SILVER PALM, AMBALIPURA GRAMA, BELLANDUR,
BENGALURU – 560 102 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. N. CHANDRASHEKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED FIR IN CRIME NO.593/2024 REGISTERED WITH THE RESPONDENT NO.1 MARATHAHALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 316(2), 318(4) AND 336(3) OF THE BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF III
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20268 CRL.P No. 12141 of 2024
ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, 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:-
“ a) Quash the impugned FIR in Crime No.593/2024 registered with the respondent No.1 Police Station – Marathahalli Police, for the offences punishable under Sections 316(2), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-A. b) Quash the impugned notice dated 24.10.2024 issued under Section 35(3) Bharatiya Nyaya Suraksha Sanhita, 2023 to the petitioner in Crime No.593/2024. c) Issue such other direction/s or order/s, having regard to the facts and circumstances of the case, 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 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.
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HC-KAR NC: 2025:KHC:20268 CRL.P No. 12141 of 2024
3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“MEMO The Petitioner in the above matter respectfully submits as hereunder:
1. The Petitioner has filed the above Criminal Petition No. 12141/2024 (the "Petition") seeking to quash the impugned First Information Report (the "FIR") dated 23.10.2024 in Crime No. 0593/2024 filed by one Mr. Joy Poulose and the impugned Notice issued under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 24.10.2024 by Respondent No. 1 for offences under Sections 316 (2), 318(4) and 336 (3) of the Bharatiya Nyaya Sanhita, 2023.
2. The above Petition for quashing is filed since the complaint is nothing more than a counterblast and in respect of civil disputes in respect of the directors and shareholders of the Company, TecQubes Technologies India Private Limited, and their family and friends. During the pendency of the said Petition, the parties have settled the disputes between themselves, fully and finally outside court and therefore are jointly before this Hon'ble Court seeking to quash the Petition.
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HC-KAR NC: 2025:KHC:20268 CRL.P No. 12141 of 2024
WHEREFORE, it is respectfully prayed before this Hon'ble Court that it may be pleased to allow the Criminal Petition No. 12141/2024 and quash the FIR dated 23.10.2024 in Crime No. 0593/2024 and the Notice issued under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 24.10.2024 in the interest of justice and equity.”
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER (i) The petition is disposed of in terms of Memo dated 12.06.2025. (ii) The Complaint / FIR in Crime No.593/2024 of Marathahalli Police Station registered for the offences punishable under Sections 316(2), 318(4) and 336(3) of BNS pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, in relation to the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 1