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2025 DAILYLAW 39732 (KAR)

SRI NARASIMHAMURTHY v. THE STATE OF KARNATAKA

CRL.P/15458/2025 · 2025-11-25

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48898 CRL.P No. 15458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15458 OF 2025 BETWEEN: SRI. NARASIMHAMURTHY S/O SRI VENKATARAMAIAH AGED ABOUT 53 YEARS R/AT NO. C1, C NARAYANA LAYOUT 1ST CROSS, NEAR VIDEO POORNA RAMAIAH LAYOUT NAGASANDRA POST BANGALORE 560 073 …PETITIONER (BY SRI. MANJUNATH M. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. SRI. AKHILESH N S/O SRI NAGARAJU AGED ABOUT 23 YEARS R/AT NO.42, 13TH MAIN ROAD NEAR VIDEO POORNA PRAGNA SCHOOL HAVANURU LAYOUT NAGASANDRA POST BANGALORE-560 073 …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1; SRI. SANTHOSH, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48898 CRL.P No. 15458 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.07.2025 PASSED BY THE LEARNED 31ST ADDL.CJM, BENGALURU CITY IN CC NO.23736/2025 WHEREBY COGNIZANCE HAS BEEN TAKEN FOR THE OFFENCES U/S 291 OF THE BNS 2023 AND QUASH THE CHARGE SHEET FILED BY THE RESPONDENT - POLICE IN CRIME NO.40/2025 CULMINATING IN CC NO.23736/2025 PENDING ON THE FILE OF THE LEARNED 31ST ADDL.CJM, BENGALURU CITY AS BEING UNSUSTAINABLE IN LAW AND AN ABUSE OF THE PROCESS OF THE COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings pending in CC No.23736/2025 on the file of the XXXI Additional Chief Judicial Magistrate, Bengaluru City. 2. The FIR in Cr.No.40/2025 is registered at Bagalagunte Police Station against the petitioner for the offence punishable under Section 291 of BNS, 2023, on a complaint lodged by respondent No.2. On completion of investigation, chargesheet is filed. 3. It is alleged that on 5.2.2025, at about 9.00 p.m. when the complainant was walking near Widia Poorna - 3 - HC-KAR NC: 2025:KHC:48898 CRL.P No. 15458 of 2025 Prajna School, 13th Main Road, Havanur Layout, a dog owned by the petitioner bit his leg. It is alleged that no protective measure was taken by the petitioner by putting belt or protection mask to the dog. 4. A joint affidavit is filed by the petitioner and respondent No.2. Paras-1 to 4 are extracted hereunder: “1. We respectfully submit that the above Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the proceedings in C.C. No.23736/2025 pending before the learned 31st Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.40/2025 of Bagalagunte Police Station for the alleged offence punishable under Section 291 BNSS, 2023. 2. We state that during the pendency of the case, we the Petitioner/Accused and Respondent No.2/Complainant have amicably settled our dispute. There is no subsisting grievance between us as the Petitioner herein has paid a sum of Rs.30,000/- to the Respondent No.2 herein by way of Bank Transfer/as DD NO.223654 dated 30/10/2025 drawn on Canara Bank compensation and the Respondent No.2 herein has acknowledge the same. 3. We further state that the Respondent No.2/Complainant has voluntarily agreed to compromise the matter, without any coercion, threat, or undue influence, and has no objection to - 4 - HC-KAR NC: 2025:KHC:48898 CRL.P No. 15458 of 2025 quashing the proceedings pending against the Petitioner. 4. We state that the present case is of a purely personal nature and does not involve any element of public interest or heinous crime. Continuation of the proceedings would serve no useful purpose and would amount to an abuse of process of law.” 5. Offence under section 291 of BNS, 2023 though non-compoundable in nature, is punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 6. The petitioner as well as respondent No.2 are present before the Court. They are identified by their respective learned counsel. It is submitted that the dispute has been amicably settled and respondent No.2 has voluntarily agreed to compromise the matter and he has no objection to quash the proceedings pending against the petitioner. - 5 - HC-KAR NC: 2025:KHC:48898 CRL.P No. 15458 of 2025 7. In light of the above, it is just and proper to close the proceedings, pending against the petitioner, in the interest of justice. Hence, the following: ORDER I. Petition is allowed. II. The entire proceedings pending in CC No.23736/2025 on the file of the Court of XXXI Additional Chief Judicial Magistrate, Bengaluru City, arising out of Cr.No.40/2025 of Bagalagunte Police Station, Bengaluru City, are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 2 Sl No.: 37