- 1 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14738 OF 2025 BETWEEN: AVINASH M. S/O MANI, AGED ABOUT 23 YEARS, R/AT NO.663, 1ST MAIN, 3RD CROSS, MAHALINGESHWARA LAYOUT, ADUGODI, BENGALURU-560 030. …PETITIONER (BY SRI. ANANDA K.V., ADVOCATE (P/H)) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADUGODI POLICE STATION, BENGALURU, THROUGH THE OFFICE OF STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. ASHWINI W/O SUDHINDRA, AGED ABOUT 28 YEARS, R/AT NO.118, 3RD CROSS, NEAR AYYAPPA TEMPLE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 MAHALINGESHWARA LAYOUT, ADUGODI, BENGALURU-560 030. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. RAGHAVENDRA P.H., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO AFTER PERUSING THE RECORDS QUASH THE CHARGE SHEET IN C.C.NO.2993/2025 FILED BY THE ADUGODI POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 74, 351, 352, 115(2) OF BNS PENDING BEFORE THE XXXIX ACJM, BENGALURU PRODUCED AT ANNEXURE-C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in C.C.No.2993/2025, pending before the XXXIX ACJM Bengaluru. 2. The second respondent herein set the law in motion against the petitioner, based on which a case in - 3 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 Crime No.209/2024 was registered at Adugodi Police Station for the offence punishable under Section 74, 351, 352 and 115(2) of BNS, 2023. On completion of investigation, chargesheet was filed. 3. An application is filed under Section 359 r/w 528 of BNSS, 2023, seeking permission of the Court to compound the offence, stating that the parties have compromised the matter. The application is accompanied with the joint affidavit filed by the petitioner as well as respondent No.2. 4. Para 3 and 4 of the joint affidavit are extracted here under: “3. It is submitted that due to the interventions of the well-wishers and family members and considering the fact that accused herein is working in private firm at Bengaluru, the 2nd party / complainant herein agreed to withdraw the complaint which is registered as FIR in Cr.No.209/2024 and Petitioner/accused agrees that he will not commit the similar offence in future. Both the parties are filing - 4 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 this Joint affidavit without any threat, coercion or undue influence and this compromise is arrived at voluntary basis. 4. Hence consider the Joint Affidavit and permit us to compound the offence by allowing the annexed application and consequently quash the Charge sheet filed by the Adugodi PS in C.C.No.2993/2025 for the offences punishable under sections 74, 351, 352, 115(2) of BNS, which is pending on the file of XXXIX ACJM, Bengaluru, to meet the ends of Justice and equity.” 5. Having regard to the facts and circumstances of the case, this Court is of the considered view that the dispute is purely private in nature, which is between the parties before the Court. Petitioner as well as respondent No.2 are present before the Court. Respondent No.2 submits that in view of the settlement, she is not interested in pursuing the matter any further and she has no objection to quash the proceedings pending against the petitioner. - 5 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 6. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Apex Court has held that even though the provisions of Section 320 Cr.P.C., would not apply to such offences which are not compoundable, it did not limit or affect the powers under Section 482 Cr.P.C. 7. In light of the settlement, no purpose will be served in keeping the proceedings pending against the petitioner and it will be a futile exercise. In order to meet the ends of justice, it is just and proper to allow the application and quash the proceedings. Accordingly, the following: ORDER Application is allowed and consequently criminal petition is allowed. The entire proceedings pending against the petitioner in C.C.No.2993/2025 on the file of the XXXIX ACJM, - 6 - HC-KAR NC: 2025:KHC:43500 CRL.P No. 14738 of 2025 Mangalore arising out of Crime No.209/2024 of Adugodi Police Station are quashed. I. A. 1/2025 disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 58