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2025 DAILYLAW 48779 (KAR)

VISHNU MANOHAR M. B. v. STATE OF KARNATAKA

CRL.P/1553/2025 · 2025-07-07

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1553 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. VISHNU MANOHAR M. B. S/O MANOHARAN, AGED ABOUT 21 YEARS, R/AT THEKKUM PURATH, NAMANDA, KOZHIKODE, KERALA - 673 613. 2. XAVIER ISAC S/O ISAAC XAVIER, AGED ABOUT 21 YEARS R/AT PONNAZHATH PUSHPAVILLA, PATTANAKAD, ALAPPUZHA, KERALA-688 531. …PETITIONERS (BY SRI. SIJI MALAYIL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLADURU POLICE STATION REPRESENTED BY THE SPP HIGH COURT BUILDING BENGALURU-560 001. 2. SREENIVASAN S/O SAMBASIVAN AGED ABOUT 58 YEARS AT C/O SV REDDY BLDG, NEAR AMBIENCE, AMPLE APTS, HADO SIDDAPURA, BENGALURU. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. ADARSH V. MANOJ, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.0567/2024 REGISTERED BY BELLANDUR POLICE STATION, AGAINST THE PETITIONERS HEREIN, WHO ARE ARRAYED AS ACCUSED NOS.1 AND 2, FOR THE ALLEGED OFFENCES P/U/S 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 OF THE BNS, 2023, NOW PENDING IN THE FILE OF 41ST ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY. 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, petitioners seek the following relief: “Wherefore, the petitioners above named humbly prays that this Hon'ble Court be pleased to quash the FIR in Crime No.0567/2024 registered by the Bellandur P.S. against the petitioners herein, who are arrayed as accused Nos.1 & 2, for the alleged offences punishable under Sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita, 2023, now pending in the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed Joint Memo along with Joint Affidavit duly signed by the - 3 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 petitioners, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1 and 2 and their counsel and 2nd respondent and his counsel are physically present before the Court and they admit the contents of the Joint Memo and Joint Affidavit, which read as under:- “JOINT MEMO “1. It is submitted that based on the complaint dated 31-08-2024 given by Respondent No.2 herein, the Respondent No.1 police registered an FIR in Crime No.0567/2024 against the Petitioners for the alleged offences punishable under sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita-2023; pending in the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City. 2. It is submitted that, the parties have agreed to settle disputes between them mutually. Based on such amicable settlement, the son of the Respondent No.2, the victim in Crime No.0564/2024 herein, has given an undertaking vide affidavit dated 05-11-2024 wherein, it is stated that they have reached an amicable settlement, which is produced as Annexure C in the present petition. The copy of the said affidavit dated 05-11-2024 is produced as Document No.1. - 4 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 3. Since the matter is amicably settled between the parties, the 2nd Respondent herein has no objection to quash the FIR registered by Respondent No.1 police in Crime No.0567/2024 against the Petitioners herein for the alleged offences punishable under sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita-2023; pending in the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City. The copies of the photo ID proofs of the Petitioners and Respondent No.2 are attached as Document No.2. 4. In view of the said settlement, this Hon'ble Court may be pleased to quash the FIR registered by Respondent No.1 police in Crime No.0567/2024 against the Petitioners herein for the alleged offences punishable under sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita-2023; pending in the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City. Hence this Joint Memo. “JOINT AFFIDAVIT We, 1) Vishnu Manohar M B, aged 22 years, S/o Manoharan, residing at Thekkum Purath, Namanda, Kozhikode, Kerala- 673 613, presently in Bengaluru, the Petitioner No.1 herein, 2) Xavier Issac, aged 22 years, s/o Issac Xavier, residing at, Ponnazhath Pushpavilla, Pattanakad, Alappuzha, Kerala- 688 531, presently in Bengaluru, the Petitioner No.2 herein and Sreenivasan, - 5 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 aged about 58 years, S/o Sambasivan, residing at, Chelaparambil House, Thiroor P.O., Mulamkunnathukavu, Thrissur, Kerala- 680 581, presently in Bengaluru, the Respondent No.2 herein, do hereby solemnly affirm and state on oath as follows:- 1. We are the Petitioners and Respondent no.2 in the above-mentioned case. We are aware of the facts of the case and hence we are swearing to this affidavit. 2. We state that based on the complaint dated 31-08-2024 given by Respondent No.2 herein, the Respondent No.1 police registered an FIR in Crime No.0567/2024 against the Petitioners for the alleged offences punishable under sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita-2023; pending on the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City. 3. We state that during the pendency of the proceedings, at the instance of our well-wishers and friends, considering our future, we amicably decided to settle the matter and we have arrived at an amicable settlement and have settled our disputes amicably once and for all. We also state that the victim in the aforesaid FIR in Cr.No. 0567/2024, is the son of Respondent No.2 and has amicably settled their disputes as per the said affidavit dated 05-11-2024 sworn by the son of Respondent No.2, of which the copy is produced at Annexure C of the present petition. - 6 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 4. We submit that the compromise is arrived without any force, coercion, misrepresentation and out of free consent. We further state that the alleged offences punishable against the Petitioners are not punishable with death or imprisonment for life. In view of the said settlement, this Hon'ble Court may be pleased to quash the FIR registered by the Respondent No.1 police against the Petitioners herein in Cr.No.0567/2024, for the alleged offences punishable under sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of the Bharatiya Nyaya Sanhita-2023; now pending in the file of 41st Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City. Wherefore, we pray that this Hon'ble court be pleased to allow the accompanying memo in the interest of justice. We, the deponent named above do hereby verify and declare that the contents stated above are true and correct to the best of our knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo and Joint Affidavit dated 07.07.2025. - 7 - HC-KAR NC: 2025:KHC:24577 CRL.P No. 1553 of 2025 (ii) The FIR in Crime No.567/2024 dated 01.09.2024 of Bellandur Police Station registered for the offences punishable under Sections 118(1), 118(2), 126(2), 189(2), 190, 191(2), 351 of BNS, 2023 pending on the file of the 41st Addl. Chief Metropolitan Magistrate Court, Bengaluru City, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 4 Sl No.: 25