Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53626 CRL.P No. 16774 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.16774 OF 2025 BETWEEN:
1.
P. UMESH (AS PER AADHAAR CARD) S/O. PARAMESH P.
AGED ABOUT 31 YEARS, R/AT NO. 435, 11TH MAIN, NEAR V.B.STORE, BANASHANKARI 6TH STAGE, SRINIVASPURA COLONY, BANGALORE- 560 061.
ALSO AT NO. 34, 1ST CROSS, NEAR PES COLLEGE, VEERABHADRANAGAR HOSKEREHALLI, BENGALURU - 560 085.
2.
MANJUNATHA T., (AS PER AADHAAR CARD) S/O THAMMAYYA, AGED ABOUT 32 YEARS, RESIDING AT NO. 56, 4TH CROSS, 1ST MAIN, VEERABHADRANAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BANGALORE- 560085. …PETITIONERS (BY SMT. DEEPTHI SHETTY, ADVOCATE FOR SRI. SUKESH POOJARY, ADVOCATE)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:53626 CRL.P No. 16774 of 2025
AND:
1.
THE STATE OF KARNATAKA R.R.NAGAR POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560001.
2.
RAJASHEKHAR K S, S/O SHIVALINGEGOWDA, AGED 36, R/AT NO-26, MUNISWAMY NAIDU LAYOUT, UTTARAHALLI, BENGALURU CITY, KARNATAKA-560061. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;
SMT. SHRIDEVI A. SHETY, ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.337/2025 REGISTERED BY R.R.NAGAR POLICE STATION, BENGLAURU PENDING ON THE FILE OF 46TH ADDL.C.M.M COURT NRUPATUNGA ROAD, BENGALURU CITY FOR THE OFFENCES P/U/S 109,352 R/W 3(5) OF BNS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
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HC-KAR NC: 2025:KHC:53626 CRL.P No. 16774 of 2025
ORAL ORDER
Learned counsel Sri. Abhishek Shetty has filed vakalath for respondent No.2. Same is taken on record. 2. Petitioners are seeking to quash the FIR registered in Crime No.337/2025 at R.R.Nagar Police Station, Bengaluru, for the offence punishable under Sections 109, 352 r/w Section 3(5) of BNS, 2023. 3. In the complaint lodged by respondent No.2, he has alleged that on 13.10.2025 at about 08.00 p.m., he along with his relative by name Dhananjaya had been to one 'U and Me Bar and Restaurant', wherein they were watching the cricket match. At about 11.00 p.m. when they were celebrating the Indian victory, 3 to 4 unknown persons present in the said bar and restaurant all of a sudden picked up a quarrel with them, abused and assaulted them with a beer bottle. 4. The learned counsel for petitioners and respondent No.2 submitted that the incident was on a spur of the moment, wherein now respondent No.2 has settled the dispute with the accused and he has no objection to quash the proceedings. - 4 -
HC-KAR NC: 2025:KHC:53626 CRL.P No. 16774 of 2025
5. An application is filed under Section 528 r/w 359 of BNSS, signed by the petitioners and respondent No. 2, as well as the learned counsel appearing for them. 6. Petitioners, Respondent No. 2 as well as another victim by name Dhananjaya are present before the Court. They are identified by the learned counsel appearing for them. 7. In the application it is stated that, during the pendency of the above case the parties have agreed to set aside their disputes amicably and agreed to withdraw the complaint. 8. The offences alleged are non-compoundable in nature. However, the material on record would reveal that the incident is on account of a sudden quarrel. There is no any enmity between the parties. No serious injuries are sustained by the victims. In the facts and circumstances of the case, it cannot be said that the ingredients of the offence under Section 109 of the BNS, 2023 are made out. In view of the settlement, no purpose will be served in continuing the criminal proceedings initiated by respondent No.2.
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HC-KAR NC: 2025:KHC:53626 CRL.P No. 16774 of 2025
In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 9. Hence, in the interest of justice, the proceedings can be quashed. Accordingly the following
ORDER The petition is allowed. The entire Investigation arising out of Crime No.337/2025 of R.R. Nagar Police Station, Bengaluru, and the consequential proceedings stand quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE
AP List No.: 1 Sl No.: 43