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High Court of Karnataka · body

2025 DAILYLAW 86581 (KAR)

MR ABHINIT v. THE STATE OF KARNATAKA

CRL.P/13791/2025 · 2025-11-07

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13791 OF 2025 C/W CRIMINAL PETITION NO.14953 OF 2025 IN CRL.P No.13791/2025 BETWEEN: 1. MR. ABHINIT C/O BIRENDRA SINGH AGED ABOUT 21 YEARS R/AT, CHORAHI, HETAMPUR, BHOJPUR, BIHAR – 802 158 2. BHAVANA D/O BIRENDRA SINGH AGED ABOUT 23 YEARS R/AT, CHORAHI, HETAMPUR, BHOJPUR, BIHAR- 802 158 …PETITIONERS (BY SRI. NITIN A M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA GOVINDAPURA P.S STATE PUBLIC PROSECUTOR BENGALURU – 560 001 2. SHRI. MAHADEV NAIK B S AGED ABOUT 37 YEARS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 O/AT, K G HALLI POLICE STATION, K G HALLI, BENGALURU, KARNATAKA – 560 045 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. LAKSHMIKANTH K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR NO.268/2025 AS FOR THE OFFENCES UNDER SECTION 121(1), 132, 352 R/W 3(5) BNS 2023 FILED BY THE RESPONDENT NO.2 BEFORE THE GOVINDAPURA PS BENGALURU DATED 09.09.2025 IT WAS PENDING BEFORE THE HON’BLE 11TH ACMM COURT MAYOHALL BENGALURU AND ETC IN CRL.P NO. 14953/2025 BETWEEN: MAHADEVA NAIK B S CIVIL HEAD CONSTABLE - 10614, AGED ABOUT 37 YEARS, R/AT NO.117/A, 2ND MAIN, 2ND CROSS, SACHIDANDA NAGAR, RAJARAJESHWARI NAGAR, BENGALURU – 560 098. ...PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. 2. BHAVANA W/O BIRENDRA SINGH, AGED ABOUT 23 YEARS, - 3 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 R/AT NO. 169/19A, 5TH MAIN, 6TH CROSS, DWARKANAGAR, BAGALUR CROSS, YELAHANKA, BENGALURU – 560 063. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. NITIN A M, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.269/2025 ON THE FILE OF THE 11TH ADDL. CMM MAYOHALL, BANGALORE CITY OF RESPONDENT GOVINDAPURA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 126(2), 351(3), 351(2), 74 OF BNS ACT AND PASS SUCH NECESSARY ORDER AS THIS HON’BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of a case and a counter case. Hence, taken up together and disposed of by this common order. 2. The incident is alleged to have taken place on 09.09.2025 at about 6.15 - 6.40 hours. Respondent No.2/first informant in Crl.P No.13791/2025 works as a Head constable at K.G.Halli Traffic Police Station. He has - 4 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 alleged that while he was performing his duty near Ambedkar ground, Nagawara Ring Road, Bengaluru City, the accused/petitioners who were proceeding on a two wheeler prevented him from discharging his duties, when he stopped their two wheeler and also abused and assaulted him etc. 3. In Crl.P No.14953/2025, respondent No.2/defacto complainant has alleged that on the relevant day, when she was proceeding on a two wheeler along with her brother, the petitioner/accused assaulted and threatened them etc. 4. It is seen from the material on record that the incident took place when the petitioners in Crl.P No.13791/2025 were proceeding on a two wheeler and as they were stopped by the police. The incident is as a result of a verbal quarrel, without any motive or pre-meditation. Both the parties are present before the Court and they submit that they do not wish to proceed against each other as they have compromised the matter. - 5 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 5. 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. 6. The offences alleged cannot be brought under the category of heinous offence. Since, the parties have come before the Court and reported settlement, no useful purpose will be served in keeping the proceedings pending. In order to meet the ends of justice, it is just and necessary to allow the petitions and quash the proceedings. Hence, the following: ORDER Both the petitions are allowed. The entire proceedings arising out of Crime No.268/2025 and 269/2025 registered at Govindapura - 6 - HC-KAR NC: 2025:KHC:45540 CRL.P No. 13791 of 2025 C/W CRL.P No. 14953 of 2025 Police Station, pending on the file of XI Additional CMM Court, Mayohall, Bengaluru City, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 51