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2025 DAILYLAW 90655 (KAR)

ARIF HASAN v. THE STATE OF KARNATAKA

CRL.P/6036/2025 · 2025-08-01

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29946 CRL.P No. 6036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6036 OF 2025 BETWEEN: ARIF HASAN S/O RAZIUL HASAN AGED ABOUT 40 YEARS, R/AT B-603, IDEAL CARNATION APARTMENTS, NARAYANA PURA CROSS, KOTHANUR, BENGALURU - 560 077. …PETITIONER (BY SRI. RAJATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF VARTHUR P.S, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SAKSHI RADHESHYAM D/O RADHESHYAM AGED ABOUT 23 YEARS, R/AT FLAT NO. 135, B BLOCK, D.S MAX, SHERWOOD APARTMENT, GUNJUR PALYA, VARTHUR, BENGALURU - 560 087. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. RAKSHITHA P. SINGH, ADVOCATE FOR R2) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29946 CRL.P No. 6036 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 12.03.2025 REGISTERED AGAINST THE PETITIONER IN CR.NO.111/2025 REGISTERED BY THE RESPONDENT NO.1 VARTHUR P.S. FOR THE OFFENCE P/U/S 69 OF BNS PENDING BEFORE THE LD.A.C.J.M BENGALURU RURAL BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings pending in Crime No.111/2025 for the offence punishable under Section 69 of the BNS pending before the Additional Chief Judicial Magistrate, Bengaluru Rural. 2. Today, an application is filed under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking leave of the Court to compound the offence in view of the amicable settlement arrived at between the accused and the second respondent/defacto complainant, as evidenced by the joint affidavit of compromise placed on record. - 3 - HC-KAR NC: 2025:KHC:29946 CRL.P No. 6036 of 2025 3. This Court interacted with Ms. Sakshi Radheshyam, who is present before the Court. On specific query, she submits that she has read and understood the contents of the joint affidavit of settlement and is fully aware that the present application has been filed seeking leave to compound the offence. When asked whether any coercion or undue influence was exerted upon her to enter into the compromise, she categorically states that she has voluntarily and of her own free will entered into the settlement and agreed to bring the present proceedings to a close. 4. The offence alleged in the present case is under Section 69 of the Bharatiya Nyaya Sanhita, 2023, which pertains to criminal intimidation. It is pertinent to note that the said provision does not involve any element of serious bodily harm or offences against the State or society at large. The offence is neither grave nor heinous in nature and, as such, is classified as compoundable under the scheme of the BNSS. In light of the amicable settlement arrived at between the parties and having regard to the nature of the offence, this Court finds - 4 - HC-KAR NC: 2025:KHC:29946 CRL.P No. 6036 of 2025 it appropriate to permit compounding of the offence under Section 359 read with Section 528 of the BNSS. 5. In light of the above, her statement is taken on record. Accordingly, the application filed under Section 359 read with Section 528 of BNSS is allowed. The offences stand duly compounded. 6. Consequently, proceedings in Crime No.111/2025, registered for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, and pending before the Additional Chief Judicial Magistrate, Bengaluru Rural District, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YKL List No.: 3 Sl No.: 2 CT: BHK