SRI. JAGATH MALLIKARJUN V v. STATE OF KARNATAKA BY HIGH GROUNDS P S
WP/26344/2025 · 2025-09-10
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77350 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77350 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:35817 WP No. 26344 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26344 OF 2025 (GM-RES) BETWEEN:
1.
SRI. JAGATH MALLIKARJUN V S/O VISWANATH L AGED ABOUT 34 YEARS KANDENAHALLI, HOSAKERE, DHARMAPURA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577546 …PETITIONER (BY SRI. SHESHA KARTHIK M REDDY., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY HIGH GROUNDS P S REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU - 560001
2.
SRI ANANDA KUMAR K G S/O GANAGADARAPPA AGED ABOUT 42 YEARS, WORKING AT BMTC 45TH DEPO M.S.PALYA, VIDYARANYAPURA, BENGALURU CITY KARNATAKA - 560097. …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R1 SRI.CHANDAN GOWDA.T.K., ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:35817 WP No. 26344 of 2025
THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA R/W 528 OF THE BNSS, 2023 PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED FIR IN CRIME NO.09/2025 REGISTERED BY THE RESPONDENT NO.1/POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 126(2), 115(2), 352 OF THE BHARATIYA NYAYA SANHITA, 2023, ARISING THEREOF AS AGAINST THE PETITIONER (PRODUCED AS ANNEXURE-A) DATED 19.07.2025 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 seeking quashing of the proceedings pending in Crime No.9/2025 for the offences punishable under Sections 132, 126(2), 115(2) and 352 of Bharatiya Nyaya Sanhita, 2023.
2. Today, an application has been filed under Section 359 of the Bharatiya Nyaya Sanhita, 2023, read with Articles 226 and 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission of this Court to permit the accused and the complainant to compound the offences arising out of the subject crime.
- 3 -
HC-KAR NC: 2025:KHC:35817 WP No. 26344 of 2025
3. The complainant is present before this Court in person. Upon being queried, he submits that he is employed as a driver with the BMTC. He states that on the date of the alleged incident, there was a verbal altercation between him and the accused. The accused, who was driving a car, was seeking free passage, and the complainant had allegedly obstructed the same, resulting in a heated exchange of words. The complainant candidly admits that, in haste, he lodged a complaint which led to the registration of Crime No.9/2025. He now expresses his desire to withdraw the allegations made in the complaint and requests that the criminal proceedings be brought to an end in view of the amicable settlement arrived at between the parties.
4. Having regard to the nature of the allegations and the fact that the offences alleged are compoundable, this Court finds that the dispute between the petitioner-accused and the complainant is essentially personal in nature and arose out of a trivial altercation. Since the complainant has unequivocally stated before this Court that he does not wish to prosecute the matter any further, and as the continuation of the proceedings
- 4 -
HC-KAR NC: 2025:KHC:35817 WP No. 26344 of 2025 would serve no useful purpose, this Court is of the view that to secure the ends of justice and to prevent abuse of the process of law, its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 deserves to be exercised.
5. Taking note of the voluntary withdrawal of the allegations by the complainant, who is present before the Court, the following order is passed:
ORDER
(i) The petition is allowed.
(ii) The proceedings in Crime No.9/2025, registered for the offences punishable under Sections 132, 126(2), 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VM List No.: 2 Sl No.: 92