- 1 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3928 OF 2026 BETWEEN: 1. ROHITASH DHAWAN, ROHITH DHAWAN (AS PER CHARGE SHEET) S/O BALA KRISHAN, AGED ABOUT 38 YEARS, R/AT FLAT NO. 601, JAL UNICA EMPORIS APARTMENT, MADHURANAGARA, WHITEFIELD, BENGALURU – 560 067. 2. MOHIT DHAWAN, MOHITH DHAWAN (AS PER THE CHARGE SHEET) S/O BALA KRISHAN, AGED ABOUT 35 YEARS, R/AT FLAT NO. 601, JAL UNICA EMPORIS APARTMENT, MADHURANAGARA, WHITEFIELD, BENGALURU – 560 067. …PETITIONERS (BY SRI. NAVEEN GOWDA V., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY POLICE OF WHITEFIELD Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 POLICE STATION, BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. NEHA MISHRA, W/O NISHANTH KUMAR, AGED ABOUT 31 YEARS, R/AT FLAT NO. 1303, JAL UNICA EMPORIS, MADHURANAGARA, SORAHUNASE ROAD, VARTHUR, BENGALURU – 560 067. 3. SMT. NIMISHA KUMARI, NIMISHASING (AS PER THE CHARGE SHEET) D/O SANJAY KUMAR, AGED ABOUT 34 YEARS, R/AT FLAT NO. 1303, JAL UNICA EMPORIS APARTMENT, MADHURANAGARA, VARTHUR, BENGALURU – 560 067. 4. SRI NISHANT KUMAR, NISHANTH KUMAR (AS PER CHARGE SHEET) S/O SANJAY KUMAR, AGED ABOUT 33 YEARS, OCCUPATION: SOFTWARE ENGINEER, R/AT FLAT NO.1303, JAL UNICA EMPORIS APARTMENT, MADHURANGARA, VARTHUR, - 3 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 BENGALURU – 560 067. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. OMKAR MUTTAGI, ADVOCATE FOR R2 TO R4) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH ALL PROCEEDINGS AND CHARGESHEET IN CRIMINAL CASE NO. 16058/2025 PENDING BEFORE THE COURT OF THE CHIEF JUDICIAL MAGISTRATE (RURAL), BENGALURU, ARISING OUT OF THE COMPLAINT REGISTERED AT WHITEFIELD POLICE STATION FOR OFFENCES UNDER SECTIONS 115(2), 3(5), 74, 352, AND 351(2) OF THE BHARATIYA NYAYA SANHITA, 2023, AS AGAINST THE PETITIONERS; VIDE ANNEXURE-A AND 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 The petitioners are before this Court, seeking the following prayers: “Wherefore, the Petitioners humbly pray that this Hon'ble Court may be pleased to: a) Quash all. proceedings and Chargesheet in Criminal Case No. 16058/2025 pending before the Court of the Chief Judicial Magistrate (Rural), Bengaluru, arising out of the complaint registered at Whitefield Police Station for offences under Sections 115(2), 3(5), 74, 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023, as against the Petitioners; Vide Annexure-A and Annexure-B; b) Pass any other order or orders that this Hon'ble Court may deem fit, proper, and necessary in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 2. Heard Sri.Naveen Gowda V, learned counsel appearing for the petitioners, Smt.Sowmya R, learned HCGP appearing for respondent No.1, Sri. Omkar Muttagi, learned counsel appearing for respondent Nos.2 to 4 and have perused the material on record. 3. During the subsistence of the proceedings, the respondent Nos.2 to 4 have filed a Joint Affidavit and have settled the dispute by drawing up certain terms of settlement. The Joint Affidavit filed by respondent Nos.2 to 4 reads as follows: “We, (1) Smt. Neha Mishra, W/o Nishant Kumar, aged about 31 years, R/at Flat No. 1303, JAL Unica Emporis, Madhuranagara, Sorahunase Road, Varthur, Bengaluru 560067; (2) Smt. Nimisha Kumari, D/o Sanjay Kumar, aged about 34 years, R/at Flat No. 1303, JAL Unica Emporis Apartment, Madhura Nagara, Varthur, Bengaluru 560067; (3) Sri. Nishant Kumar, S/o Sanjay Kumar, aged about 33 years, R/at Flat No. 1303, JAL Unica Emporis Apartment, Madhura Nagara, Varthur, Bengaluru 560067; being Respondents No. 2, 3 and 4 respectively in the above Criminal Petition, do hereby jointly and severally solemnly affirm and state on oath as under: - 5 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 1. We are Respondents No. 2, 3 and 4 respectively in the above Criminal Petition filed by the Petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash all further proceedings in Criminal Case No. 16058/2025 pending before the Court of the Chief Judicial Magistrate (Rural), Bengaluru, arising out of Crime No. 0458/2025 registered at Whitefield Police Station, Bengaluru City, for offences under Sections 115(2), 3(5), 74, 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023. We are well acquainted with the facts and circumstances of this case and are competent to swear this Affidavit. 2. We state that the above Criminal Case arose out of a neighbourly dispute between the Petitioners and ourselves. All the parties, including the Petitioners and the Deponents herein, are residents of the same apartment complex, namely JAL Unica Emporis Apartment, Madhuranagara, Varthur, Bengaluru. We further state that the Petitioners have also filed a counter complaint against Respondent No. 4, which is pending as Criminal Case No. 16057/2025 before the same honourable trial court, arising out of the very same incident and the same set of facts. 3. We state that subsequent to the registration of the aforesaid complaint, the elders and well-wishers of both families, together with the Apartment Association of JAL Unica Emporis, intervened and held sustained conciliatory discussions between all the parties. As a result of sincere and sustained efforts at mediation and reconciliation at the community level, all disputes and differences between the parties have been fully, finally, and amicably resolved to the mutual satisfaction of all concerned. 4. We state that we have voluntarily, consciously, and unconditionally agreed to the said settlement arrived at between the parties. We are not under any pressure, coercion, undue influence, or inducement from any person or quarter whatsoever. The settlement has been entered into entirely out of our own free will and volition. 5. We state that we have no objection whatsoever to the quashing of the proceedings in Criminal Case No. - 6 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 16058/2025 pending before the Court of the Chief Judicial Magistrate (Rural), Bengaluru. We do not wish to pursue the said criminal proceedings any further. We have categorically decided not to continue the prosecution against the Petitioners herein, and we earnestly pray that this Hon'ble Court may be pleased to quash the said proceedings. 6. We are fully aware that the offence under Section 74 of the Bharatiya Nyaya Sanhita, 2023 is classified as a non-compoundable offence under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, we state that the settlement arrived at between the parties is genuine, complete, and voluntary in all respects, and that no public interest is involved in the continuation of the present proceedings. We respectfully submit that this Hon'ble Court may be pleased to exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the proceedings in the interest of justice and to give effect to the amicable settlement arrived at between the parties. 7. We state that both the Petitioners and ourselves are residents of the same apartment complex and are required to continue to coexist. All parties, including ourselves, have resolved to maintain peaceful, cordial, and harmonious relations going forward. The continuation of criminal proceedings would serve no fruitful purpose and would only disturb the peace and harmony that has been painstakingly restored through community efforts. 8. We state that no illegal consideration, payment, or inducement has been made or received by any party in connection with the settlement. The settlement is based purely and solely on the desire of all parties to maintain peaceful coexistence within the same residential community and to resolve all neighbourly differences amicably and finally. 9. We state that the contents of this Joint Affidavit are true and correct to the best of our knowledge, information, and belief. Nothing material has been concealed or misstated herein.” - 7 - HC-KAR NC: 2026:KHC:14461 CRL.P No. 3928 of 2026 4. The parties to the lis are present before this Court and are identified by their respective counsels. 5. In the light of said Joint Affidavit quoted supra and offences not being against the State, I deem it appropriate to accept the Joint Affidavit and terminate the proceedings against the petitioners in the subject petition. 6. For the aforesaid reasons, the following: O R D E R [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.16058/2025 pending before the Court of the Chief Judicial Magistrate (Rural), Bengaluru, qua the petitioners, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 83