Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 5688 OF 2026 (482(Cr.PC) / 528(BNSS))
BETWEEN:
1.
SMT. NETHRA A.P.
W/O A.T. GANESH AGED ABOUT 38 YEARS,
2.
A.T. GANESH S/O THIRUMALAPPA AGED ABOUT 38 YEARS,
3.
SRIKANTH A.T.
S/O THIRUMALAPPA AGED ABOUT 26 YEARS, R/AT NO.73/1, 1ST FLOOR, HOUSE NO.2, AYYAPPA NAGAR, DEVASANDRA MAID ROAD, K.R. PURAM, BENGALURU-560 036
4.
RISHITHA G., D/O GANESH A.T.
AGED ABOUT 14 YEARS,
PETITIONER NO.4 IS MINOR HENCE REPRESENTED BY HER MOTHER PETITIONER NO.1 AS NATURAL GUARDIAN
PETITIONER NO.1, 2 AND 4 ARE R/AT NO.22/23, GROUND FLOOR, SWANTHRANTRA NAGAR, K.R. PURAM, BENGALURU-560 036 …PETITIONERS (BY SRI. UDAYA KUMAR M., ADVOCATE)
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
AND:
1.
STATE OF KARNATAKA BY K.R.PURAM P.S.
REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
2.
SMT. MENAKA W/O BASAVARAJU, AGED ABOUT 29 YEARS, R/AT 2ND MAIN ROAD, 2ND BLOCK, DEVASANDRA, AYAPPA NAGAR, K.R.PURAM, BENGALURU-560 036 …RESPONDENTS (BY SMT. SOWMYA R., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SMT. VEENA KUMARI M., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.1 TO 4 IN CR NO.114/2026 PENDING ON THE FILE OF XXIX ADDL.CJM AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 74 R/W 3(5) OF BNS 2023 OF K.R.PURAM POLICE STATION.
THIS PETITION, COMING ON FOR ADMISISON, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioners have challenged the FIR drawn against them by the respondent No.1 in Crime No.114/2026 for offences punishable under Sections 115(2), 74 read with Section 3(5) of BNS.
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HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
2. The respondent No.2 is served and represented by a counsel.
3. The learned counsel for the petitioners and the
learned counsel for the respondent No.2 submit that the petitioners and the respondent No.2 have amicably settled the dispute and have filed an application under Section 359 of BNSS along with joint affidavit. The joint affidavit reads as follows:- JOINT AFFIDAVIT We, Smt. Menaka W/o Basavaraju, Aged about 29 years, R/at: 2nd Main Road, 2nd Block, Devasandra, Ayappa Nagar, K.R.Puram, Bengaluru 560 036, Smt Nethra A P W/o A T Ganesh, Aged about 38 years, R/at: NO.22/23 Ground Floor, Swanthrantra Nagar, K R Puram, Bengaluru-560 036, A T Ganesh S/o Thirumalappa, Aged about 38 years, R/at: NO.22/23 Ground Floor, Swanthrantra Nagar, K R Puram, Bengaluru-560 036, Srikanth A T S/o Thirumalappa, Aged about 26 years, R/at: NO.73/1 1st Floor House NO.2, Ayyappa Nagar, Devasandra main Road, K R Puram, Bengaluru-560 036, do hereby solemnly affirm and state on oath as follows:-
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HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
1. The Petitioner No.4 is minor, Hence the deponent No.2 is mother of the petitioner No.4 and hence deponent No.2 is swearing to this affidavit herself and also petitioner No.4. 2. I the deponent No.1 is the complainant/1ST informant/respondent No.2 in the above case. The deponent No.2 to 4 are the accused/petitioners in the above case. We the petitioners and respondent No.2 are well acquainted with the facts and circumstances of the said case. 3. We state that the respondent No.1 has registered a case against the petitioners for the offence punishable under sections 115(2), 74 read with Sec. 3(5) of B N S, based on the complaint filed by the respondent No.2 on 21/02/2026. 4. We state that, at the intervention of elders and well-wishers we have amicably settled the matter among ourselves. The respondent No.2 has no objection to compound the offence and to quash the FIR against the petitioners from the said case. 5. We state that, the matter has been settled amongst ourselves voluntarily without coercion, threat or fraud. As such continuance of investigation on FIR in Crime No.114/2026 would be futile excise
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HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
and as such the respondent No.2 has no objection for quashing the FIR against the petitioners. 6. The 1st informant/2nd respondent has no grievance remaining against the petitioners/accused and has no objections to the compounding offence and acquittal of the petitioners/accused.
WHEREFORE, we respectfully pray that this Hon'ble Court may be pleased to take this joint affidavit on record and permit the compounding of offence pursuant to the FIR and quash investigation in Crime No.114/2026 for prosecuting the petitioners under sections 115(2), 74 read with Sec. 3(5) of B N S, pending on the file of XXIX Addl Chief Judicial Magistrate at Bengaluru, registered by the K R Puram Police station with the permission of this Hon'ble court, in the Interest of Justice."
4. Since the offence is punishable under Section 115(2), 74 read with Section 3(5) of BNS and the petitioners are neighbours of the respondent No.2 and the offences alleged are not punishable with death or life imprisonment, the application filed by the petitioners and the respondent No.2 deserves consideration. - 6 -
HC-KAR NC: 2026:KHC:25296 CRL.P No. 5688 of 2026
5. The petitioners and the respondent No. 2 are present and are identified by their respective counsel and they have signed the order sheet of this Court in token of their acceptance of the terms of settlement mentioned in the application under Section 359 of BNSS. 6. Accordingly, the application filed by the petitioners and respondent No.2 under Section 359 of BNSS is allowed. The parties are permitted to compound the aforesaid offences. 7. Consequently, this petition is allowed. Further proceedings launched against the petitioners by the respondent No.1 in Crime No.114/2026 for offences punishable under Sections 115(2), 74 read with Section 3(5) of BNS stands quashed. 8. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand
disposed off. Sd/- (R. NATARAJ) JUDGE PMR List No.: 2 Sl No.: 1