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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28459 OF 2025 (GM-RES) C/W WRIT PETITION NO.28499 OF 2025 (GM-RES) IN W.P. NO.28459/2025 BETWEEN:
1. AJAY PRASAD S/O S N PRASAD, AGED ABOUT 47 YEARS, NO.159, 1ST CROSS, 4TH STAGE, RAJAJINAGAR INDUSTRIAL TOWN, BENGALURU CITY, KARNATAKA-560 010 … PETITIONER (BY SMT. JANAVI R., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH THE MAGADI ROAD POLICE STATION, (REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001)
2. RAGHAVENDRA HOLLA S/O P S MANOHAR HOLLA, AGED ABOUT 38 YEARS, 3RD FLOOR, NO. 161, AISHWARYA NILAYA, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025 1ST CROSS, 4TH MAIN, RAJAJINAGAR INDUSTRIAL TOWN, BENGALURU-560 010 … RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
SRI GAURAV N., ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023, PRAYING TO QUASH ALL PROCEEDINGS ARISING FROM P.C.R.NO.12022/2025 BEFORE THE 24TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND CULMINATING IN FIR IN CRIME NO. 188/2025 BEFORE THE MAGADI ROAD POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 115(2), 131, 329(4), 292, 329(3), 351(2), 352 AND 355 OF THE BHARATIYA NYAYA SANHITA, 2023 AND PASS SUCH OTHER AND OR FURTHER ORDER(S) AS MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. IN W.P. NO.28499/2025 BETWEEN:
RAGHAVENDRA HOLLA S/O P S MANOHAR HOLLA, AGED ABOUT 38 YEARS, 3RD FLOOR, NO. 161, AISHWARYA NILAYA, 1ST CROSS, 4TH MAIN, RAJAJINAGAR INDUSTRIAL TOWN, BENGALURU-560 010
… PETITIONER (BY SRI GAURAV N., ADVOCATE ) AND:
1. STATE OF KARNATAKA THROUGH THE MAGADI ROAD POLICE STATION, (REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001)
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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025
2. AJAY PRASAD S/O S N PRASAD, AGED ABOUT 47 YEARS, NO.159, 1ST CROSS, 4TH STAGE, RAJAJINAGAR INDUSTRIAL TOWN, BENGALURU CITY, KARNATAKA-560 010
… RESPONDENTS (BY SMT. RAHSMI JADHAV, ADDL. SPP FOR R1; MS.
JANAVI R., ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023, PRAYING TO QUASH THE FIR IN CRIME NO.160/2025 IS REGISTERED BEFORE THE MAGADI ROAD POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER 118(1), 352 READWITH 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 AND PASS SUCH OTHER AND OR FURTHER ORDER(S) AS MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER
Petitioner in W.P.No. 28499/2025 is alleged to have committed offences punishable under Sections 118(1), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), while the petitioner in W.P.No.28459/2025 is alleged to have committed offences
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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025 punishable under Sections 115(2), 131, 329(4), 292, 329(3), 351(2), 352 and 355 of the BNS.
2. The offences alleged against the petitioner in W.P. No. 28459/2025 are compoundable, whereas the offence alleged against the petitioner in W.P. No. 28499/2025, insofar as it relates to Section 118(1) of the BNS, is non-compoundable. However, the complainant in W.P. No. 28459/2025, Sri Ajay Prasad, is present before the Court and states that he has not sustained any injuries nor undergone any medical treatment following the alleged incident.
3. The petitioner in W.P. No. 28459/2025 has filed an application under Section 359 of the BNS, and the petitioner in W.P. No. 28499/2025 has filed an application under Section 320 of the Cr.P.C., seeking leave of the Court to compound the offences. Though the offence under Section 118(1) of the BNS alleged against Raghavendra Holla is non-compoundable, having regard to
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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025 the fact that the complainant has withdrawn all allegations, no MLC records are forthcoming as per his statement, and the matter involves a case and counter- case that have now been amicably resolved, this Court finds it appropriate to consider the applications filed under Section 359 of the BNS and Section 320 of the Cr.P.C.
4. The records disclose that a trivial issue relating to parking gave rise to an altercation between the parties, culminating in the registration of complaints. Both complainants, who have instituted case and counter-case, are present before the Court and have affirmed that they have amicably settled their dispute and withdrawn their respective allegations. In the circumstances, continuation of the proceedings would be an exercise in futility; hence, this Court deems it just and proper to quash the proceedings in order to put an end to the dispute.
5. Recording the statements of both petitioners, this Court passes the following:
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HC-KAR NC: 2025:KHC:37376 WP No. 28459 of 2025 c/w WP No. 28499/2025
ORDER i) Both the writ petitions are allowed. ii) The FIR in Crime No. 160/2025 of Magadi Road Police Station, Bengaluru, for the offences punishable under Sections 118(1), 352 read with Section 3(5) of the BNS, insofar as it concerns the petitioner in W.P. No. 28499/2025, is hereby quashed. iii) The FIR in Crime No. 188/2025 of Magadi Road Police Station, Bengaluru, for the offences punishable under Sections 115(2), 131, 329(4), 292, 329(3), 351(2), 352 and 355 of the BNS, insofar as it concerns the petitioner in W.P. No. 28459/2025, is hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VP