Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55529 (KAR)

SANTHOSH K v. STATE OF KARNATAKA

CRL.P/9911/2025 · 2025-07-14

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26065 CRL.P No. 9911 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9911 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SANTHOSH K. S/O. KRISHNA, AGED 33 YEARS R/AT NO.147/A, 7TH CROSS, 2ND MAIN, M.S. RAMAIAH NAGAR BANGALORE – 560 054 2. BIGHNARAJ LENKA S/O. BIPIN BIHARI AGED 26 YEARS R/AT. NO.305, SLV SPANDANA APARTMENT DODDAKAMMANAHALLI, BEGURU, KOPPA ROAD, BANGALORE CITY PERMANENT ADDRESS BAPUJI NAGAR, 2ND LINE, MEDICAL BANK COLONY, BARANPURSADAR GANJAM BERTHAMPUR, ORISSA – 760 004 3. RAHUL B., S/O. DILIP KUMAR AGED 33 YEARS R/AT. NO.403, 3RD CROSS ROAD, 3RD MAIN, HMT LAYOUT, ANANDNAGAR, BENGALURU – 560 024 …PETITIONERS (BY SMT. P. C. VINITHA, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26065 CRL.P No. 9911 of 2025 AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER MICO LAYOUT POLICE STATION MICO LAYOUT SUB DIVISION, BENGALURU CITY – 560 076 REP. BY SPP, HIGH COURT 2. ASHISH BISWAL S/O. ASITANANDA BISWAL AGED 28 YEARS R/AT. NO.177, 1ST FLOOR 7TH CROSS, 23RD MAIN BTM II STAGE BANGALORE CITY – 560 076 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. ANAND S. G., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.35062/2024 ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, NRUPATUNGA ROAD, BANGALORE, REGISTERED BY THE 1st RESPONDENT MICO LAYOUT P.S., IN C.C.NO.35062/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 115(2), 118(1), 329(3), 351(2), 351(3), 352, 3(5) OF BNS AND TO QUASH ALL FURTHER PROCEEDINGS IN SO FAR AS PETITIONERS ARE CONCERNED. 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, the petitioners seek the following relief: “Wherefore, the petitioners pray that this Hon’ble Court may be pleased to quash the entire proceedings in C.C.No.35062/2024 on the file of Chief Metropolitan - 3 - HC-KAR NC: 2025:KHC:26065 CRL.P No. 9911 of 2025 Magistrate, Nrupathunga Road, Bangalore registered by the 1st respondent, Mico Layout Police Station in C.C.No.35062/2024 for the offences punishable under Section 115(2), 118(1), 329(3), 351(2), 351(3), 352, 3(5) of Bharatiya Nyaya Sanhita and to quash all further proceedings in so far as petitioners are concerned before in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 14.07.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:- “JOINT MEMO On 20.07.2024 Complainant/Respondent No.2 has filed complaint against these petitioners alleging that these petitioners have abused and assaulted him. On the basis of his complaint 1st respondent has registered FIR for the offences punishable under section 115(2), 118(1), 329(3), 351(2), 351(3), 352, 3(5) of Bharatiya Nyaya Sanhita after - 4 - HC-KAR NC: 2025:KHC:26065 CRL.P No. 9911 of 2025 investigation the 1st respondent have filed charge sheet in C.C.No.35062/2024 before the Chief Judicial Magistrate Bengaluru City. Since complainant and petitioners/Accused are known to each other and friends complainant does not wish to prosecute the above said criminal case against the petitioners. Section 118(1), 329(3), 352(3)(5) of Bharathiya Nyaya Sanhitha are non compoundable. Since complainant and petitioners are friends and are working if this criminal case prosecuted their livelihood will be affected and because of this criminal case their job will be in danger. Hence with free will without any cercion or compulsion complainant has compromised with the petitioner. In that view this Hon’ble Court may be pleased to quash C.C.No.35062/2024 pending before the Chief Judicial Magistrate Bengaluru City against the petitioners in the interest of justice and equity. This joint memo may be taken on record in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 14.07.2025. (ii) The proceedings in C.C.No.35062/2024 (arising out of Crime No.280/2024 of 1st respondent – Police) registered for the offences punishable under Sections 115(2), 118(1), 329(3), 351(2), - 5 - HC-KAR NC: 2025:KHC:26065 CRL.P No. 9911 of 2025 351(3), 352, 3(5) of Bharatiya Nyaya Sanhita, pending on the file of Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC