- 1 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16192 OF 2025 BETWEEN: SURESHA N S/O NAGARAJ AGED ABOUT 37 YEARS, R/A NO. DINNEPALYA VILLAGE UTTARIDHAKLE, KAGGALIPURA POST UTTHARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE - 560 082 …PETITIONER (BY SRI. VIDYASAGAR. H. V..,ADVOCATE) AND: 1. STATE OF KARNATAKA KAGGALIPURA POLICE STATION REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. SRI ABHISHEK S/O KARIYAPPA AGED ABOUT 26 YEARS, R/AT NO. RAMANAHALLI VILLAGE, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. MANOJ K., ADVOCATE FOR SMT. CHAITHRAVARSHINI N., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 THE ENTIRE PROCEEDINGS INITIATED AS AGAINST THE PETITIONER BY KAGGALIPURA POLICE STATION/RESPONDENT NO.1 PENDING IN THE FILE OF HONBLE COURT OF THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BANGALORE INSC.NO.250/2025 (CR.NO.329/2024) FOR O/P/U/S. 109, 352 OF BNS. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire proceedings pending against him in S.C.No.250/2025, on the file of the Court of First Additional District Judge, Bengaluru Rural District, Bengaluru. 2. FIR is registered on the basis of a complaint lodged by respondent No.2 / victim, wherein, he has alleged that on 30.09.2024, at about 10:30 p.m., when he was along with his friends, having a party, petitioner started abusing them and when he questioned the petitioner, he stabbed him on his abdomen with a knife. - 3 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 3. FIR was registered for the offence punishable under Section 109 and 352 of the BNS, 2023. On completion of investigation, charge sheet is filed. 4. An application is filed under Section 359 read with Section 528 of the BNSS, 2023, seeking to quash the proceedings, on the ground of settlement between the parties. Application is accompanied by the joint affidavit of the petitioner as well as respondent No.2 / defacto complainant / victim. 5. It is stated that petitioner and respondent No.2 are friends and they have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship. 6. Parties are present. Respondent No.2 / victim submits that dispute has been settled and therefore, he is not interested in pursuing the matter any further and he has no objection to quash the proceedings. - 4 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 7. Learned High Court Government Pleader contended that the petitioner has stabbed the victim with a knife on his abdomen and as per wound certificate injury is grievous in nature. He contended that Section 109 of the BNS is a heinous offence, hence, on the ground of settlement, proceedings cannot be quashed. 8. It is held in the 'NARINDER SINGH AND OTHERS' reported in (2014) 6 SCC 466 that when the parties have reached the settlement, and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. Such a power is not to be exercised in those prosecution which involve heinous and serious offences. It is further held that offence under Section 307 of IPC would fall in the category of heinous and serious offences. However, the High Court would not rest its decision merely because there is a mention of Section 307 of IPC in the FIR or the charge sheet and it could be open to the High - 5 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 Court to examine as to whether incorporation of Section 307 of IPC is there for the sake of it or the prosecution has collected sufficient evidence which, if proved would lead to prove the charge under Section 307 of IPC. For this purpose, it would be open for the High Court to go by the nature of injury sustained, nature of weapon used etc. and the medical report in respect of injuries suffered by the victim can generally be the guiding factor. 9. It is further held that on the basis of the prima-facie analysis, High Court can examine whether there is a strong possibility of conviction or the chances of conviction are remote and weak. In the former case it can refuse to accept the settlement whereas, in the latter case it would be permissible to accept the plea of compounding the offence based on settlement between the parties. Further, Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their mutual relationship. - 6 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 10. I have perused the wound certificate of the victim, wherein, the description of the injury is 3 x 1 cm Cavity deep at right side of the abdomen, termed as grievous in nature. As per final diagnosis, it is opined that penetrating abdominal injury 'without solid organ or hollow viscus injury'. 11. A perusal of the complaint averments goes to show that the petitioner and respondent No.2 are friends. They had assembled along with others in a layout situated near Uttarahalli at about 10:30 p.m. on 30.09.2024, to have a party. While they were consuming alcohol, the petitioner started to abuse others and when the victim questioned him, all of a sudden he stabbed him on his abdomen. 12. As per the wound certificate, there is only one injury sustained by the victim. From the material on record it can not be said that there was any intention on the part of the petitioner to inflict any such injury, to take - 7 - HC-KAR NC: 2025:KHC:54103 CRL.P No. 16192 of 2025 away victim's life. Hence, the ingredients of the Section 109 of the BNS, 2023 cannot be said to have been made. 13. Considering the facts and circumstances of this case and the fact that respondent No.2 / victim has settled the matter with the petitioner, no purpose will be served in continuing the proceedings initiated against the petitioner. Hence, to bring quietus to the entire dispute and bring harmony between the two which would improve their relationship, the petition can be allowed. Accordingly, the following:- ORDER i) Application is allowed. Consequently, the petition is allowed. ii) The entire proceedings in S.C.No.250/2025 pending on the file of the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 105