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2025 DAILYLAW 75151 (KAR)

MR NITENDRA KUMAR v. STATE OF KARNATAKA

CRL.P/9594/2025 · 2025-07-31

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29728 CRL.P No. 9594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9594 OF 2025 BETWEEN: MR. NITENDRA KUMAR SON OF SHRI RAM SINGH, AGED ABOUT 38 YEARS, EMPLOYED AS MANAGER OF GAIL GAS LIMITED, GAIL GAS LIMITED, NEW BEL ROAD, BENGALURU. RESIDING AT 1/403-A-II, CHHAWANI, NAURANGABAD, NEAR PEEPAL DHARAMSHALA, ALIGARH - 202 001. UTTAR PRADESH. …PETITIONER (BY SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. SUBRATA PRADHAN SON OF SUBAL PRADHAN, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29728 CRL.P No. 9594 of 2025 AGED ABOUT 27 YEARS, RESIDING AT SHALIKOTHA DANTAN THANA, PASCHIM, MEDINIPURA, PASCHIM MEDINIPUR, WEST BENGAL - 721 435. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R2; SRI. SHISHIRA AMARNATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO 1.QUASH THE IMPUGNED COMPLAINT IN CR.NO.221/2024 FILED BY THE RESPONDENT NO.2 BEFORE RESPONDENT NO.1 (SUBRAMANYANAGAR P.S) PENDING BEFORE XXXII ADDL.C.M.M COURT NRUPATUNGA ROAD, BENGALURU CITY (ANNEXURE-B) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused No.1 seeking quashing of the complaint in Crime No.221/2024 for the offence punishable under Section 125(a) and (b) of the Bharatiya Nyaya Sanhita, 2023. 2. Today, an application is filed under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking compounding of the offence punishable under Sections - 3 - HC-KAR NC: 2025:KHC:29728 CRL.P No. 9594 of 2025 125(a) and 125(b) of the said enactment. Respondent No.2 has sworn to an affidavit in support of the application. Respondent No.2, a resident of Uttar Pradesh, has been explained the contents of the affidavit in Hindi. He further affirms that his counsel has duly apprised him of the terms of the settlement, and he unequivocally accepts the same as reflected in the affidavit. 3. A perusal of the affidavit filed by Respondent No.2/complainant, particularly at paragraph 6, discloses that the dispute between the petitioner and respondent No.2 has been amicably resolved in terms of the settlement memo dated 31.07.2025. As per the terms of the said settlement, the petitioner has undertaken to extend financial assistance to the complainant and his brother, including bearing their medical expenses. 4. In light of this amicable resolution, Respondent No.2 has consented to compound the offence and has no objection to quashing of the proceedings arising out of FIR - 4 - HC-KAR NC: 2025:KHC:29728 CRL.P No. 9594 of 2025 No.221/2024. Accordingly, the application filed under Section 359 of the BNSS, 2023 is taken on record. 5. In view of the settlement arrived at between the parties and having regard to the voluntary and informed consent of the complainant, the petition is allowed. Consequently, the proceedings in Crime No.221/2024 registered by the Subramanyanagar Police Station, which is now pending before the Court of the XXXII Additional Chief Metropolitan Magistrate, Bengaluru City, as per Annexure-A, for the offence punishable under Sections 125(a) and 125(b) of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 53