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2026 DAILYLAW 13422 (KAR)

SRI SRIHARI R v. THE STATE OF KARNATAKA

CRL.P/4545/2026 · 2026-03-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16482 CRL.P No. 4545 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4545 OF 2026 BETWEEN: SRI SRIHARI R., S/O LATE G.R.RAMACHANDRAIAH AGED ABOUT 36 YEARS RESIDING AT NO. E-2, 2ND FLOOR VENUGOPAL REDDY BUILDING 10TH CROSS, PATEL LAYOUT BALAGERE ROAD, VARTHUR BENGALURU – 560 087. …PETITIONER (BY SRI THEJAS M. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VARTHUR POLICE STATION BENGALURU - 560 064 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. RAJESH S/O M.R.NAGARAJ AGED ABOUT 30 YEARS R/AT NO.343, NEAR DHARMARAYASWAMY TEMPLE, RAMAGONADANAHALLI Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16482 CRL.P No. 4545 of 2026 BENGALURU CITY, KARNATAKA – 560 066. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI SANJAY KUMAR S. G., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS THEREON IN CR.NO.48/2026 DTD 25.01.2026 REGISTERED BY VARTHUR P.S., FOR THE OFFENCES P/U/S 126(2), 329(3), 351(2), 351(3), 352 OF BNS, 2023, PENDING APPLICATION BEFORE THE HON’BLE ACJM, BENGALURU RURAL, AT BENGALURU, MARKED AND PRODUCED AT ANNEXURE-B. 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.48/2026, pending before the Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, for the offences under Sections 126(2), 329(3), 351(2), 351(3) and 352 of the BNS, 2023. 2. Learned counsel for the petitioner and respondent No.2 would in unison submit that the parties to the lis have entered into settlement amongst themselves by drawing up certain terms and conditions and have filed a joint application - 3 - HC-KAR NC: 2026:KHC:16482 CRL.P No. 4545 of 2026 under Section 359 of the BNSS, 2023 along with a joint affidavit before this Court seeking compounding of the offences. 3. The joint application reads as follows: “3. It is most humbly submitted that, with the intervention of elders and well-wishers, the parties have amicably settled all their disputes and differences. The petitioner and respondent No.2 have resolved the entire issue in respect of the subject property and have agreed to maintain cordial relationship hereinafter. 4. It is most humbly submitted that, in furtherance of the settlement, the petitioner has executed a Confirmation Deed in favour of the concerned builder company and has confirmed all rights, title and interest in respect of the property. It is further submitted that the petitioner is taking necessary steps to withdraw the civil suit in O.S. No.632/2024 pending before IV Addl Senior Civil Judge Bengaluru Rural, thereby putting a quietus to the entire dispute. 5. It is most humbly submitted that, in view of the above settlement, the respondent No.2 does not wish to prosecute the complaint and has no objection for quashing of the FIR and all further proceedings in Crime No.48/2026. 6. It is most humbly submitted that, the dispute being purely personal and civil in nature, and having been - 4 - HC-KAR NC: 2026:KHC:16482 CRL.P No. 4545 of 2026 amicably settled, no useful purpose would be served by continuing the criminal proceedings and the same would amount to abuse of process of law. 7. It is most humbly submitted that this Hon'ble Court, in exercise of its inherent powers, may be pleased to record the compromise and quash the proceedings in the interest of justice. 8. That in view of the compromise arrived at between the parties, this Hon'ble Court may be pleased to permit compounding of the compoundable offence and, in the interest of justice, close the proceedings in entirety.” In the light of the afore-quoted application and the joint affidavit of the parties, I deem it appropriate to terminate the proceedings against the petitioner, as the dispute and the allegations are between the individuals and not against the State. 4. For the aforesaid reasons, the following: O R D E R (a) The criminal petition is disposed. (b) The impugned crime in Crime No.48/2026, pending before the Additional Chief Judicial Magistrate, - 5 - HC-KAR NC: 2026:KHC:16482 CRL.P No. 4545 of 2026 Bengaluru Rural, Bengaluru, qua the petitioner, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 4 CT:SS