- 1 - HC-KAR NC: 2025:KHC:28881 CRL.P No. 10638 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10638 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. NISCHAY S S/O SHIVAKUMARA L AGED ABOUT 22 YEARS, RESIDING AT NO. 29, SRINIVASA, 2ND MAIN ROAD, R R RESIDENCY, NEAR KLE LAW COLLEGE, ULLALA BENGALURU, BENGALURU NORTH, HEROHALLI, BENGALURU – 560 091. …PETITIONER (BY SRI. AKASH V T.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR P S KENGERI GATE SUB- DIVISION BENGALURU – 560 091. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. SRI. SHIVARAJU K M S/O NAGARAJU G M, AGED ABOUT 35 YEARS, RESIDING AT NO. 05, 2ND CROSS, 3RD MAIN, BRAHMAKUMARI, MAIN ROAD, HEALTH LAYOUT, ANNAPOORNESHWARI NAGAR, BENGALURU – 560 091. …RESPONDENTS (BY SRI.NAGESHWARAPPA.K, HCGP FOR R-1 SRI. NAGESH VINAY.S, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28881 CRL.P No. 10638 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET FILED BY RESPONDENT NO.1 POLICE IN CC NO.9208/2021 FOR THE OFFENCE P/U/S 341, 323, 326, 504 R/W 149 OF IPC PENDING ON THE FILE OF THE HONBLE VI ADDL.CJM, BENGALUJRU. 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, petitioner seeks for the following reliefs: “A. Quash the Charge sheet filed by Respondent No.1 Police in C.C No. 9208/2021 for the offence punishable under section 341, 323, 326, 504 R/W 149 of Indian Penal Code, pending on the file of the Hon'ble VI Addl. Chief Judicial Magistrate, Bengaluru. B. Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.4 and learned counsel for 2nd respondent – complainant have filed an application I.A.2/2025 along with Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 - HC-KAR NC: 2025:KHC:28881 CRL.P No. 10638 of 2025 3. Petitioner – accused No.4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.2/2025 along with Joint Affidavit, which reads as under:- “APPLICATION UNDER SECTION 320 R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 The Petitioner and the Respondent No.2 most respectfully submits as follows:- For the reason sworn to in the accompanying affidavit, the Petitioner and Respondent No.2 submits that they have amicably entered into a compromise and settled the matter. It is prayed that this Hon'ble Court maybe pleased to compound the offences leveled against the Petitioner in C.C No.9208/2021 pending on the file of Hon'ble VI ACJM for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC and consequently quash the aforesaid Criminal case registered against the Petitioner herein in the interest of justice and equity.” JOINT AFFIDAVIT We, Sri. Nischay S, S/o Shivakumara L, aged about 22 years, R/at No.29 Srinivasa, 2nd Main Road, R R Residency, near KLE Law College, Ullala Bengaluru, Bangalore North, Herohalli, Bengaluru-560091, the Accused No.4/Petitioner No.1 in the present case and Sri. Shivaraj K.M, S/o Nagaraju G.M, aged about 35 years, R/at No.05, 2nd Cross, 3rd Main, Brahmakumari Main road, - 4 - HC-KAR NC: 2025:KHC:28881 CRL.P No. 10638 of 2025 Health Layout, Annapoorneshwari Nagar, Bengaluru- 560091, the Complainant/Respondent No.2 in the present case do hereby solemnly affirm and state on oath as follows:- 1. We state that, the Complainant/Respondent No.2 had filed a police complaint before the Respondent No.1 police against the Accused No.4/Petitioner for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC. In pursuance of filing the complaint the Charge sheet was filed by the Respondent No.1 police for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC before the learned V ACMM Magistrate. The Learned Magistrate has taken cognizance for the said offenses and has registered a Criminal case against the Petitioner in C.C No. 9208/2021. The C.C No.9208/2021 is transferred to VI ACJM and the same is pending on the file of VI ACJM. 2. We state that, during the pendency of the aforesaid criminal proceedings, we have voluntarily arrived at an amicable settlement without any pressure, threat, coercion or undue influence from any side. 3. We state that, in terms of the compromise arrived the Complainant/Respondent No.2 has no objection to quash the Criminal case pending before the Hon'ble VI ACJM in C.C No.9208/2021 for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC against the Petitioner herein and thereby acquit the Petitioner in C.C No.9208/2021 in the interest of justice and equity. 4. We state that, the Aadhar card of the Petitioner/Accused No.4 and the Aadhar card of the - 5 - HC-KAR NC: 2025:KHC:28881 CRL.P No. 10638 of 2025 Complainant/Respondent No.2 is produced as DOCUMENT NO.1 and DOCUMENT NO.2. Wherefore it is prayed that this Hon'ble Court maybe pleased to allow the aforesaid application as prayed for to meet the ends of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application I.A.2/2025 along with Joint Affidavit all dated 24.07.2025. (ii) The proceedings in C.C.No.9208/2021 (arising out of Crime No.59/2021 of 1st respondent – Police) registered for the offences punishable under Sections 341, 323, 326, 504 read with Section 149 of IPC, pending on the file of VI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.