Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 82228 (KAR)

SRI ASIF v. THE STATE OF KARNATAKA

CRL.P/11489/2025 · 2025-08-06

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30659 CRL.P No. 11489 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11489 OF 2025 BETWEEN: 1. SRI. ASIF C/O MAHAMOOD AGED ABOUT 45 YEARS LIG 2-12, KHB COLONY NEAR MAHILA MANDALA KAVOOR, KUNJATHABAIL POST MANGALORE DAKSHINA KANNADA DISTRICT-575 015. …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU-560 001. 2. SMT. SUHANA C/O ASIF AGED ABOUT 32 YEARS R/O. NO. 17, 2ND FLOOR MUNIRAJU LAYOUT KEREGUDDADAHALLI BENGALURU NORTH Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30659 CRL.P No. 11489 of 2025 CHIKKABANAVARA BENGALURU-560 090. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. SHREYAS .N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER BY RESPONDENT NO.1/SOLADEVANAHALLI POLICE STATION, BENGALURU IN CRIME NO.178/2025 FOR THE OFFENCE P/U/S 69, 74, 318(4), 115(2), 352, 351(2) OF BNS, 2023 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE (CJM) BENGALURU RURAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the accused seeking quashing of the proceedings in Crime No.178/2025 registered by the respondent/Police for the offence punishable under Sections 69, 74, 318(4), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the Chief Judicial Magistrate (CJM), Bengaluru Rural. - 3 - HC-KAR NC: 2025:KHC:30659 CRL.P No. 11489 of 2025 2. An application is filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission to compound the offences in Crime No.178/2025. Along with the application, a joint affidavit duly sworn by the petitioner/accused and respondent No.2/complainant has been placed on record. 3. In the said application and joint affidavit, it is stated that the parties have amicably resolved their dispute and have entered into a formal settlement agreement. Under the terms of the settlement, the petitioner/accused has agreed to pay a total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to respondent No.2/complainant within a period of two years, i.e., on or before 01.06.2027. The detailed manner and mode of payment are specified in paragraph 2 of the application, which forms part of the record. 4. Respondent No.2/complainant, who is present before this Court and duly identified by her counsel, has - 4 - HC-KAR NC: 2025:KHC:30659 CRL.P No. 11489 of 2025 confirmed the settlement and expressed that she has no objection to the compounding of the offences and consequent quashing of the proceedings in Crime No.178/2025. 5. This Court notes that the dispute between the parties is purely commercial in nature. The settlement arrived at is voluntary, lawful, and free from coercion or undue influence. Considering the nature of the allegations and the terms of compromise, this Court is satisfied that the continuation of criminal proceedings would serve no fruitful purpose and that it is a fit case to exercise the power to compound the offences, thereby bringing the dispute to a close. 6. In light of the amicable settlement and in exercise of the powers conferred under Section 528 read with Section 359 of the BNSS, 2023, the application deserves to be allowed. Accordingly, the application filed in I.A.No.1/2025 is allowed. - 5 - HC-KAR NC: 2025:KHC:30659 CRL.P No. 11489 of 2025 7. Consequently, the petition is allowed and the proceedings in Crime No.178/2025, registered by the respondent Police and now pending on the file of the Chief Judicial Magistrate, Bengaluru Rural, for the offences punishable under Sections 69, 74, 318(4), 115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in so far as they relate to the petitioner, are hereby quashed, in terms of the settlement recorded. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 1