SRI JAISWAL NARENDRA SHREERAMKISHOR v. STATE OF KARNATAKA
CRL.P/9753/2025 · 2025-07-10
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78697 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78697 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9753 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SRI JAISWAL NARENDRA SHREERAMKISHOR AGED ABOUT 50 YEARS R/AT NO A-2/102, PALMERA, NR ROYAL GREEN, VADSAR, VADODARA, VADODARA, GUJARAT – 390 010
2.
SRI AVIRAL JAISWAL S/O NARENDRA JAISWAL AGED ABOUT 24 YEARS R/AT B-16, TULSI TOWNSHIP, NEAR VADSAR BRIDGE, VADODARA, GUJARAT – 390 010 …PETITIONERS (BY SRI. VIDYASAGAR H. V., ADVOCATE)
AND:
1.
STATE OF KARNATAKA SADASHIVA NAGAR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001
2.
JAYESH JAISWAL, S/O D P JAISWAL, AGED ABOUT 41 YEARS R/AT NO-18, 2B, PRANAV,
1ST CROSS, SADASHIVANAGAR BENGALURU KARNATAKA – 560 086 …RESPONDENTS (BY SRI. B. N. JAGADEESH, ADDL. SPP FOR R1;
SMT. BHAVYA N., ADVOCATE FOR R2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.90/2025 REGISTER BY RESPONDENT NO.1 SADASHIVANAGAR P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTION 316(2), 318(2) OF BNS 2023 PENDING ON THE FILE 1ST ACMM COURT, NRUPATUNGA ROAD, BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following relief:-
“WHEREFORE, the Petitioners prays before this Hon'ble court that this Hon'ble court may be pleased to quash the FIR in Crime.No. 90/2025 register by respondent No.1 Sadashivanagar Police Station for the offence punishable under section 316(2), 318(2) of BNS,2023 pending on the file 1st Addl.CMM Court, Nrupatunga Road, Bengaluru city the interest of justice and equity.”
2.
Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Application under Section 359 read with Section 528 of BNSS, 2023 duly filed along with Joint affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 3 -
HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
3. Petitioners – accused Nos.1 and 2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Application under Section 359 read with Section 528 of BNSS, 2023 duly filed along with Joint affidavit, which reads as under:-
“APPLICATION UNDER SECTION 359 OF R/W 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
The Petitioners and Respondent No.2 submits as follows:
1. It is submitted that, the offences alleged in the Cr.No.90/2025 are punishable under Section 316(2) 318(2) of BNS for which there is no basis and the Petitioners and respondent no.2 are family friend's and relatives and have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship hereafter and the present matter is not touching the interest of public and therefore to meet the ends of justice proceedings may be quashed. 2. It is submitted that, the Petitioners have preferred the main petition to quash the proceedings in Crime. No.90/2025 register by respondent No.1 Sadashivanagar Police Station for the offence punishable under section 316(2), 318(2) of BNS, 2023 pending on the file 1st Addl. CMM Court, Nrupatunga road, Bengaluru. - 4 -
HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
3. It is submitted that, in view of intervention of the elder members of the family and relatives, Petitioners and Respondent No.2 have settled the dispute and the respondent No.2 has willfully agreed to withdraw the allegations made against the Petitioners. Wherefore, the Petitioners and the respondent No.2 prays before this Hon'ble Court to quash the entire investigation in Crime. No.90/2025 register by respondent No.1 Sadashivanagar Police Station for the offence punishable under section 316(2), 318(2) of BNS, 2023 pending on the file 1st Addl.CMM Court, Nrupatunga Road, Bengaluru In the interest of justice and equity.
JOINT AFFIDAVIT
We, I Sri.Jaiswal Narendra Shreeramkishor Aged about 50 years, R/at No. a-2/102, palmera, nr royal green, Vadsar, Vadodara, Vadodara, Gujarat-390010 and 2.Sri.Aviral Jaiswal S/o Narendra Jaiswal, Aged about 24 years R at B-16, Tulsi Township, Near Vadsar Bridge, Vadodara, Vadodara, Gujarat-390010, 3. Jayesh Jaiswal S/o D P Jaiswal Aged about 41 years, R/at NO-18, 2B, Pranav, 1st Cross, Sadashivanagar, Bengaluru Karnataka- 560086, Today at Bengaluru do hereby solemnly affirm and state on oath as follows. 1. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit. - 5 -
HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
2. The averments made in the accompanying application from paras 1 to 3 for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief. 3. Both of us Petitioners and respondent No.2 have settled the dispute and we have decided to put an end to the investigation in FIR in Crime.No.90/2025 register by respondent No.1 1 Sadashivanagar Police Station for the offence punishable under section 316(2), 318(2) of BNS, 2023 pending on the file 1 Addl.CMM Court, Nrupatunga Road, Bengaluru and the respondent No.2 has undertaken to withdraw the cases pending against the Petitioners and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship. 4. In view of this Petitioners and Respondent No.2 humbly Prays before this Hon'ble Court be pleased to quash FIR in Crime No.90/2025 register by respondent No.1 1 Sadashivanagar Police Station for the offence punishable under section 316(2), 318(2) of BNS, 2023 pending on the file of l Addl. CMM Court, Nrupatunga Road, Bengaluru, in the interest of justice and equity.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
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HC-KAR NC: 2025:KHC:25782 CRL.P No. 9753 of 2025
ORDER (i) The petition is disposed of in terms of Application under Section 359 read with Section 528 of BNSS, 2023 duly filed along with Joint affidavit dated 10.07.2025.
(ii) The Complaint / FIR in Crime No.90/2025 of Sadashivanagar Police Station registered for the offences punishable under Sections 316(2), 318(2) of BNS, 2023 pending on the file of the I Additional CMM Court, Nrupatunga Road, Bengaluru City, in relation to the petitioners are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 11 Sl No.: 4