- 1 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10545 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT. SAVITHA G., W/O GANESH M., AGED ABOUT 50 YEARS, R/AT NO.16, 1ST CROSS, R/AT NO.16, 1ST CROSS NEAR BBMP OFFICE LAKSHMI NAGRA, BASAVESHWARANAGARA, BENGLAURU – 560 079 2. SRI. PUNITH S/O K. PRAKASH, AGED ABOUT 27 YEARS, R/AT NO. 46, 9TH MAIN ROAD, SUNKADAKATTE, SRINIVASANAGAR VISWANEEDAM, BENGALURU – 560 091. 3. SRI SATISH K. R. S/O RAJARAM K. R., AGED ABOUT 48 YEARS, R/AT NO.16, 1ST CROSS, LAKSHMI NAGAR, BASAVESHWARANAGAR BENGALURU – 560 020. 4. SMT. VALMIKA D/O GANESH M., AGED ABOUT 23 YEARS, R/AT NO.43, SRI BANASHANKARI RELIANCE HOMES, KIRLOSKAR COLONY, 6TH CROSS, GRUHALAKSHMI NAGARA BASAVESHWARANAGAR BENGALURU – 560 079 5. SRI. DARSHAN S/O H. MAHABALA, AGED ABOUT 30 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 R/AT NO. 3-30/2, HOSAD, NEAR RAILWAY STATION, YEDTHARE BYNDOOR, UDUPI BENGALURU – 576 214 6. SRI LOKESH S/O NANJUNDAIAH AGED ABOUT 45 YEARS R/AT NO.35, NANJUNDESHWARA NITAYA 11TH CROSS, MUNESHWARA BLOCK, LAGGERE, BENGALURU – 560 058. 7. V. SRIDHAR MURTHY S/O M. VENKATESH MURTHY, AGED ABOUT 46 YEARS, R/AT NO. 48, SHARADA NIVASA, NEAR CANADIAN SCHOOL MUDDAHANUMAYYA LAYOUT BENGALURU – 562 123 …PETITIONERS (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVESHWARANAGAR P. S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGLAURU – 560 001 2. SMT. KUSUMA M., W/O LATE SUNIL TRAKRU AGED ABOUT 50 YEARS, R/AT NO.67, 3RD CROSS, KALIDASA LAYOUT, SRINAGARA BENGALURU – 560 050 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. RISHAB TRAKROO, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING QUASH THE FIR AND COMPLAINT IN CR.NO.266/2025 AT ANNEXURE-A AND A1, REGISTERED BY RESPONDENT NO.1 POLICE FOR OFENCES PUNISHABLE UNDER SECTIONS 316, 318(4), 351, 352 AND190 OF BNS, 2023 WHICH WAS PENDING BEFORE THE IV ADDL. CHIEF JUDICIAL MAGISRATE BENGALURU AND AFTER THE INVOCATION OF - 3 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 SEC. 9 OF KPIDFE ACT THE FILE IS NOW PENDING BEFORE THE HONORABLE PRL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, IN SO FAR AS THE PETITIONERS ABOVE-NAMED 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 reliefs: “A. Quash the FIR and complaint in Crime No.0266/2025 at Annexure A and A1, registered by Respondent No.1 Police for offences punishable under Sections 316, 318(4), 351, 352 and 190 of the Bharatiya Nyaya Sanhita, 2023 which was pending before the IV Additional Chief Judicial Magistrate at Bengaluru and after the invocation of section 9 of KPIDFE act the file is now pending before the Hon’ble Principal City Civil and Sessions Judge at Bengaluru, in so far as the Petitioners above- named are concerned; B. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interests of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 7 and learned counsel for 2nd respondent – complainant have filed I.A.No.2/2025 along with Joint Affidavit duly signed by the - 4 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 7, respondent No.2 and their counsel are physically present before the Court and they admit the contents of I.A.No.2/2025 along with Joint Affidavit, which reads as under:- APPLICATION UNDER SECTION 359 r/w 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 The Petitioners above-named and Respondent No. 2 submit as hereunder: 1. It is submitted that the present petition has been preferred by the Petitioner seeking to quash the FIR and Complaint in Crime No. 226/2025 for the offences punishable under Section 316(2), 318(4), 351(2), 352, 190 of BNS against petitioners pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru. Subsequently, the Respondent police invoked the provisions of KPIDFE Act and thus, the matter is now pending before the Hon'ble Principal City Civil and Sessions Judge at Bengaluru 2. It is further submitted that the Petitioners herein have approached the Respondent No. 02 and both have agreed to amicably resolve all their disputes and compromise the dispute between them. 3. It is submitted that in view of the said compromise arrived at, the above offences registered against the - 5 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 Petitioners herein are within the ambit of this Hon'ble Court to exercise the inherent powers to compound the offences. The continuation of criminal proceedings against the Petitioners herein despite the compromise of all disputes between the parties would lead to grave miscarriage of justice. WHEREFORE, the Petitioner above-named and the Respondent No. 2 prays before this Hon'ble Court to quash the FIR and Complaint in Crime No. 226/2025 for the offences punishable under Section 316(2), 318(4), 351(2), 352, 190 of BNS against petitioners pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru (Now pending before the Hon'ble Principal City Civil and Sessions Judge at Bengaluru in view of invocation of the provisions of KPIDFE Act), in the interest of justice. “JOINT AFFIDAVIT We, 1. Savitha G., wife of Ganesh M., Aged abote 50 years, residing at No.16, 1st Cross, Near BBMP Office-Lakshmi Nagara, Basaveshwaranagar, Bengaluru – 560 079. 2. Punith, son of K. Prakash, Aged about 27 years, residing No.46, 9th Main Road, Sunkadakatte, Srinivasanagar, Vishwaneedam, Bengaluru – 560091. 3. Satish K. R., son of Rajaram K.R., aged about 48 years, residing No.16, 1st Cross, Lakshmi Nagar, Basaveshwaranagar, Bengaluru – 560 020. - 6 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 4. Lokesh, son of Nanjundaiah, Aged about 45 years, residing No.35, Nanjundeshwara Nitaya, 11th Cross, Muneshwaran Block, Laggere, Bengaluru – 560058. 5. V. Sridhar Murthy, son of M. Venkatesh Murthy, Aged about 46 years, residing at No.48, Sharada Nivasa, Near Canadian School, Muddahanumayya Layout, Bengaluru – 562123. 6. Kusuma M., wife of Late Sunil Trakroo, Aged about 50 years, residing at No.67, 3rd Cross, Kalidasa Layout, Sriniagara, Bengaluru – 560 050. do hereby solemnly affirm and state on oath as hereunder: 1. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit. 2. The averments made in the accompanying application from paras 1 to 3 for compromise and to quash the FIR and Complaint are true and correct to the bst of our knowledge, information and belief. 3. All the Petitioners above-named and Respondent No.2 have settled the dispute upon the intervention of our well- wishers and we have decided to put an end to the proceedings in Crime No.226/2025 for the offences punishable under section 316(2), 318(4), 351(2), 352, 190 of BNS pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru (Now pending before the Hon’ble Principal City Civil and Sessions Judge at Bengaluru in view of invocation of the provisions of KPIDFE Act) and the - 7 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 Respondent No.2 has undertaken to withdraw the case pending against the Petitioners and the Petitioner No.1 has undertaken to withdraw the allegations made against the Respondent No.2 herein on the complaint dated 01.04.2025 filed by her before the Vijayanagar P.S. against the Respondent No.2 and we have entered into a compromise voluntarily and out of free will for the purpose of maintaining good relationship. 4. 4. In view of this, the Petitioners herein and Respondent No.2 humbly pray before this Hon’ble Court be pleased to quash the FIR and Complaint in Crime No.226/2025 for the offences punishable under Section 316(2), 318(4), 351(2), 352, 190 of BNS against petitioners pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru (Now pending before the Hon’ble Principal City Civil and Sessions Judge at Bengaluru in view of invocation of the provisions of KPIDFE Act), in the interest of justice.” 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 I.A.No.2/2025 along with Joint Affidavit dated 22.07.2025. (ii) The proceedings arising out of complaint / FIR in Crime No.266/2025 of Basaveshwara Nagar - 8 - HC-KAR NC: 2025:KHC:28734 CRL.P No. 10545 of 2025 Police Station registered for the offences punishable under Sections 316, 318(4), 351, 352 and 190 of BNS, 2023 pending on the file of the IV Additional Chief Judicial Magistrate, Bengaluru (Now pending before the Principal City Civil and Sessions Judge, Bengaluru in view of invocation of the provisions of KPIDFE Act), insofar as the petitioners are concerned hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 11 Sl No.: 9