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2025 DAILYLAW 75366 (KAR)

SRI UMESH SUBRAMANI v. STATE OF KARNATAKA

WP/22581/2025 · 2025-08-14

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31694 WP No. 22581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22581 OF 2025 (GM-RES) BETWEEN: 1. SRI. UMESH SUBRAMANI S/O LATE BALAKRISHNA, AGED 50 YEARS GOWLI STREET, MADIKERI TOWN, KODAGU - 571 201, KARNATAKA. 2. SRI. KAVAN KAVERAPPA, S/O P.C UTTAYYA, AGED ABOUT 42 YEARS KMC BUILDING MADIKERI, KODAGU - 571 201, MADIKERI TOWN, KARNATAKA. 3. SRI. GIREESH G. R, S/O LATE RAJU, AGED ABOUT 44 YEARS CMC MADIKERI, MADIKERI TOWN KODAGU - 571 201, KARNATAKA. …PETITIONERS (BY SRI. PAVAN KUMAR, ADVOCATE FOR SRI. SHREENIDHI L, ADVOCATE) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31694 WP No. 22581 of 2025 AND: 1. STATE OF KARNATAKA BY MADIKERI TOWN POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. SRI. HANUMANTH NAGRAJ S/O DURGAPPA AGED 18 YEARS, R/AT INDIRANAGAR, MADIKERI KODAGU - 571 201, KARNATAKA. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI AKASH B.SHETTY, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 22 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 DATED 08/05/2025, BEFORE THE MADIKERI TOWN POLICE STATION, VIDE ANNEXURE-A ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:31694 WP No. 22581 of 2025 ORAL ORDER Today, the complainant who is minor along with his parents is present before this Court. A joint affidavit is filed seeking quashing of the proceedings pending in Crime No.54 of 2025. 2. An FIR came to be registered in Crime No.54 of 2025 alleging that the present petitioners, along with two others, went to the parking fee collection point, quarreled with the second respondent and allegedly snatched the bill machine, and further assaulted him with the said machine. On a perusal of the First Information Report, this Court finds that the allegations are vague, general, and omnibus in nature. The FIR does not specify which part of the complainant’s body was assaulted. Significantly, the complainant, who is present before this Court along with his parents, has categorically stated that no physical assault was caused by the petitioners. They have also filed a joint affidavit seeking to bring the proceedings to an - 4 - HC-KAR NC: 2025:KHC:31694 WP No. 22581 of 2025 end. Though the crime has been registered under Section 118(1) of the Bharatiya Nyaya Sanhita, 2023, it is noted that there are no visible or recorded injuries on the complainant. The parents of the complainant too have affirmed that he was not subjected to any physical assault. 3. The joint compromise affidavit filed by the petitioners as well as the parents of the complainant is taken on record. Having regard to the settlement arrived at between the parties, and in order to secure the ends of justice and prevent abuse of the process of law, this Court is of the considered view that no useful purpose would be served by continuing the criminal proceedings. Accordingly, the proceedings in Crime No.54 of 2025 are hereby quashed. ORDER (i) The petition is allowed; (ii) The proceedings in Crime No.54/2025 registered by the Madikeri Town Police for the offences - 5 - HC-KAR NC: 2025:KHC:31694 WP No. 22581 of 2025 punishable under Sections 118(1), 190, 304(1), 351(2) and Section 309(4) of BNS, 2023, pending on the file of Senior Civil Judge & CJM Court, Madikeri, Kodagu District, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YN List No:2 Sl No.: 29 CT: BHK