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2026 DAILYLAW 11814 (KAR)

SRI. BASAVARAJ SHIVALINGAPPA GAVATI v. THE STATE OF KARNATAKA

CRL.P/1531/2026 · 2026-03-03

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13056 CRL.P No. 1531 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1531 OF 2026 BETWEEN: SRI BASAVARAJ SHIVALINGAPPA GAVATI S/O LATE SHIVALINGAPPA GAVATI AGED ABOUT 50 YEARS R/AT NO.5091, PRESTIGE BAGAMANE TEMPLE BELLS, TOWER-5 9TH FLOOR, JAWAREGOWDA NAGAR RAJARAJESHWARI NAGAR BENGALURU - 560 098. …PETITIONER (BY SMT. SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KENGERI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR OFFICE OF ADVOCATE GENERAL HIGH COURT BUILDINGS BENGALURU – 560 001. 2. MRS. NAVYA D/O PREMAKUMAR AGED ABOUT 34 YEARS R/AT NO.318, 31ST CROSS SUNCITY, BANDEMATTA Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13056 CRL.P No. 1531 of 2026 KENGERI UPANAGAR BENGALURU CITY - 560 060. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI VENKATESH R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE FIR IN CRIME NO.40/2026 REGISTERED BY THE KENGERI POLICE STATION BENGALURU AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 74, 115(2), 351(2) AND 352 OF THE BNS 2023 ON THE FILE OF THE 6TH ADDL.CMM COURT, NRUPATUNGA ROAD, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused is before this Court calling in question registration of a crime in Crime No.40/2026, pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, for offences punishable under Sections 74, 115(2), 351(2) and 352 of the BNS. 2. Learned counsel for the petitioner – accused and respondent No.2 – complainant in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and - 3 - HC-KAR NC: 2026:KHC:13056 CRL.P No. 1531 of 2026 conditions and a joint affidavit is filed seeking permission to compound the offences before this Court. 3. The joint affidavit reads as follows: “…. …. …. 5. The respondent No.2 further humbly submit that when I came to know of the impugned FIR, I went to the Respondent No.1 - Police next day and requested them to cancel the impugned FIR, but the response from them was very poor. I, the Respondent No.2 never wanted to get a FIR registered against the first of us, the Petitioner herein. 6. The respondent No.2 further humbly submit that Smt. Divya and her mother, Smt. Jayamma told me that they would plant 3-4 fake eye witnesses so that the case against the first of us should be made strong. Further, Smt. Jayamma, the mother of Divya falsely told the Respondent No.1 - Police that she is my relative. 7. We further submit that we want to settle the dispute between us amicably as we feel that we both of us have a bright future. The pendency of the impugned FIR will impact our relationship seriously. 8. We further submit that the complaint from my side was due to some misunderstanding between us and respondent No.2 want to close the impugned case. Hence, this joint affidavit is field by us before this Hon'ble Court, praying this Hon'ble Court to quash the impugned FIR field against the first of us, the Petitioner herein. WHEREFORE, we pray that this Hon'ble Court may kindly be pleased to quash the impugned FIR filed in Crime No.40/2026 by Kengeri Police, Bengaluru for the offences punishable under Section 74, 115(2), 351(2) AND 352 OF BNS Act, 2023 on the file of the learned 6th Addl, CMM Court, Nurpathunga Road, Bengaluru City and pass such other relief as deems fit by this Hon'ble Court - 4 - HC-KAR NC: 2026:KHC:13056 CRL.P No. 1531 of 2026 in the facts and circumstances of the case, in the interest of justice and equity.” Though the offence alleged against the petitioner in the case at hand inter alia are the ones punishable under Sections 351(2) and 352 of the BNS, which are non-cognizable, since the parties to the lis has resolved the dispute among themselves and as the allegations are not against the State, I deem it appropriate to accept the joint affidavit and terminate the proceedings against the petitioner. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The crime in Crime No.40/2026, pending before the 6th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, qua the petitioner, stands quashed. I.A.No.1/2026 also stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 3 Sl No.: 8