Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10193 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
PODILI GOPIKRISHNA, S/O PODILI VENAKTESHWARLU, AGED ABOUT 22 YEARS, R/AT HOME NO. 8-77 MOOSI ROAD, NAKIREKAL MANDAL NAKREKAL, NALGONDA ANDHRA PRADESH – 508 211 …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
STATE BY SUDDAGUNTEPALYA POLICE STATION,
BENGALURU CITY – 560 029
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU – 560 001.
2.
RAKSHITH B. U.,
S/O ULLESH,
AGED ABOUT 21 YEARS,
R/AT SOMESHWAR TEMPLE FRONT ROAD,
OLD MADIWALA
BENGALURU – 560 029. …RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED FIR IN
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
CR.NO.119/2025 REGISTERED BY SUDDAGUNTEPALYA P.S., VIDE ANNEXURE-A WHICH IS PENDING BEFORE THE HON’BLE CMM COURT, AT BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 125(a) OF BNS, 2023.
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, petitioner seeks for the following reliefs:
“a) Quash the impugned FIR in CrimeNo.119/2025, vide Annexure ‘A’ which is pending before the Hon’ble CMM Court at Bengaluru for the offence punishable under Section 125(a) of BNS, 2023 registered by the Suddaguntepalya Police Station, in the interest of justice and equity. AND b) Grant such other relief’s as this Hon’ble court deems fit in the facts and circumstances of the case in the interest of justice and equity.”
2. Learned counsel for the petitioner – accused No.1 and
learned counsel for 2nd respondent – complainant have filed an application under Section 359 (2) read with Section 528 of BNSS, 2023 along with an Affidavit of respondent No.2, duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 -
HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
3. Petitioner – accused No.1, brother of respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.1/2025 along with affidavit of respondent No.2, which reads as under:-
“APPLICATION UNDER SECTION 359(2) R/W SECTION 528 OF BNSS, 2023
The Petitioner above named states as follows:
1. The Petitioner aggrieved by the impugned FIR registered in Crime No.119/2025 by the Suddaguntepalya Police Station, for the offence punishable under section 125(a) of BNS, 2023, which is pending on the file of the CMM Court, Bengaluru city, Bengaluru prefer this petition seeking quash the FIR registered in Crime No.119/2025 by the Suddaguntepalya Police Station. 2. The Respondent No.2 is the Complainant has lodged the complaint against the Petitioner/accused making allegations that, when the de-facto complainant was going to the Mayura Electrical Shop belongs to Ashok, the said Ashok i.e., owner of the Mayura Elelctrical Shop has given the unknown person’s Mobile No.8885434871 to the de-facto complainant and informed to make a call to that mobile number. Accordingly, the de-facto complainant has contacted said unknown person through phone call, as that time
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
the said person has informed to the complainant that, since Three months they were not using the TV due to there was a sound in the TV cable Wire in the Room No.34, Kutty Apartment, Ramappa Layout, Tavarekere Main Road, Bengaluru and hence informed to repair the TV Cable Wire and as per direction of the said unknown person, the security of the said Apartment has shown the Room No.304 where the said unknown person i.e. Accused/petitioner is living there. At the time of repairing TV Cable Wire, the complainant is became unconscious due to short circuit of the said TV Cable and caused grievous injuries to both hands and legs. 3.
Hence, by making these allegations the complainant has given a statement at Hospital, on the basis of the complaint averments, the 1st respondent police have registered a FIR in Crime No.119/2025 for the offence under Sections 125(a) of BNS, 2023. Aggrieved by the same, the petitioner prefers this petition seeking quash the FIR in Crime No.119/2025 registered by the Suddaguntepalya Police Station. 4. It is submitted that, the petitioner and the respondent no.2 with an intervention of well wishers, friends and family members of both parties have resolved their dispute amicably. As per the terms and conditions of this compromise entered between them, the petitioner has agreed to pay Rs.8,00,000/- (Rupees Eight Lakh only) to the Respondent No.2 and the Respondent
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
No.2 has agreed to received (Rupees Lakh Fifty the said amount as full and final settlement Accordingly the petitioner has paid a sum of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand only) through D.D. bearing No.000675 dated 18.07.2025 and Rs.50.000/- has by wary of cash. Respondent No.2 is not able to present before the court, due to he is taking treatment in the Victoria Hospital at Bengaluru, as such the Brother of the Respondent No.2 by name Rahul B.U., has received the said amount on behalf of Respondent No.2 as full and final settlement. Accordingly, both petitioner and the Respondent No.2 have resolved their dispute amicably. Hence, the complainant/Respondent No.2 is not willing to pursue the matter further against the petitioner herein for the purpose of maintaining peace, harmony and tranquility. 5. It is submitted that, hereinafter there is no claim against each other in respect of the subject dispute arose between the petitioner and Respondent No.2. 6. Hence, continuation of the further proceedings only causes oppression, frustration and prejudice to the both parties and no purpose will be served by allowing the trial to continue, since the complainant is not willing to pursue the matter further against the petitioners.
WHEREFORE, the petitioners and 2nd respondent jointly pray that this Hon'ble court may kindly:
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
a) Quash the impugned FIR registered in Crime No. 119/2025 by the Suddaguntepalya Police Station against the petitioner for the offence punishable under section 125(a) of BNS, 2023, which is pending on the file of the CMM Court, Bengaluru city, Bengaluru, vide ANNEXURE - 'A', in the interest of justice and equity. AND b) Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity. AFFIDAVIT I, RAKSHITH B.U., S/o. Ullesh, Aged about 21 years, R/at: Someshwar Temple Front Road, Old Madiwala, Bengaluru-560029, do hereby solemnly affirm and state an oath as follows:-
1. I state that, I am the respondent No.2 herein, as such I am well acquainted with the facts of the case. I crave leave of this Court to treat the grounds of petition as part and parcel of this affidavit. 2. I state that, on the basis of the complaint filed by me, the 1st respondent police have registered the FIR registered in Crime No.119/2025 by the Suddaguntepalya Police Station against the petitioner for the offence punishable under section 125(a) of BNS, 2023, which is pending on the file of the CMM Court, Bengaluru city, Bengaluru. Aggrieved by the same the petitioner filed the above criminal petition to quash the FIR. - 7 -
HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
3. I state that, the petitioner and myself have resolved our dispute amicably between us by the intervention of well wishers, friends and family members without any coercion, undue influence, misrepresentation and fraud as full and final settlement. As per compromise taken place between us, the petitioner has agreed to pay Rs.8,00,000/- (Rupees Eight Lakh only) to me and I have agreed to received the said amount as full and final settlement.
Accordingly, the petitioner has paid a sum of Rs.8,00,000/- (Rupees Eight Lakh only) through D.D. bearing No. 000675 dated 18.07.2025, and Rs.50,000/- paid by way of cash, but I am not able to present before the court due to I am taking treatment in the Victoria Hospital at Bengaluru, as such, my Brother by name Rahul B.U., has received the said amount on behalf of me as full and final settlement. Hence, this Hon'ble court may kindly quash the FIR registered in Crime No.119/2025 by the Suddaguntepalya Police Station against the petitioner for the offence punishable under section 125(a) of BNS, 2023, which is pending on the file of the CMM Court, Bengaluru city, Bengaluru. Otherwise it will be put to more hardship and prejudice to the both of us. Hence, we both parties have filed the joint compromise petition to quash the impugned FIR. WHEREFORE, I pray that this Hon'ble court may kindly quash the FIR registered in Crime No.119/2025 by the Suddaguntepalya Police Station against the petitioner for the offence punishable under section 125 (Lof BNS,
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HC-KAR NC: 2025:KHC:27139 CRL.P No. 10193 of 2025
2023, which is pending on the file of the CMM Court, Bengaluru city, Bengaluru, to meet the ends of justice. I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, belief and information.”
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of the application duly filed along with affidavit of respondent No.2 dated 18.07.2025.
(ii) The impugned proceedings pursuant to complaint / FIR in Crime No.119/2025 dated 27.05.2025 of Suddaguntepalya Police Station registered for the offences punishable under Section 125(a) of BNS, 2023 pending on the file of the CMM Court, Nruptathunga Road, Bengaluru City, in relation to the petitioner, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SRL List No.: 11 Sl No.: 5