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2026 DAILYLAW 254 (KAR)

SRI.SANTHOSH v. THE STATE OF KARNATAKA

WP/35038/2025 · 2026-02-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35038 OF 2025 (GM-RES) BETWEEN: SRI. SANTHOSH AGED ABOUT 26 YEARS, S/O RAMEGOWDA, NO.73, KANAKAPURA MAIN ROAD, KUNNAPPA BUILDING, DODDAKALLASANDRA, BANGALORE- 560062. …PETITIONER (BY SRI. SHREYAS N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. SRI. SHARATH B AGED ABOUT 29 YEARS, S/O LATE BABU P, PRESENTLY RESIDING AT 17A/21, NANDHI GARDEN, 2ND PHASE, AVALAHALLI, NEAR GURUKUL SCHOOL, ANJANAPURA, BANGALORE-560062. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL.SPP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 READ WITH SECTION 482 AND SECTION 320 OF THE CRPC, 1973 (S.528 READ WITH S.359 OF BNSS) PRAYING TO QUASH THE FIR @ ANNEXURE-A IN CRIME NO.534/2023 REGISTERED BY KONANAKUNTE POLICE STATION, SUBRAMANYAPURA SUB- Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 DIVISION, BENGALURU CITY, FOR OFFENCES PUNISHABLE UNDER SECTIONS 506, 341, 324, 323, AND 34 OF THE INDIAN PENAL CODE, 1860, AND ALL CONSEQUENTIAL PROCEEDINGS PENDING BEFORE THE XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question the registration of a crime in Crime No.534/2023 for the offences punishable under Sections 506, 341, 324, 323 and 34 of IPC pending on the file of the XXX Additional Chief Judicial Magistrate, Bengaluru. 2. During the subsistence of the subject petition, the parties to the lis have settled the dispute amongst themselves and have filed a joint affidavit of such settlement before the Court. The joint affidavit so filed reads as follows: "JOINT AFFIDAVIT A) Sri. Santhosh, Aged about 26 years, S/o Ramegowda at #73. Kanakapura Main Road, Kunnappa Building, Doddakallasandra, Bangalore- 560062, the petitioner in the petition; - 3 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 B) Sri Sharath, S/o Late Babu, aged about 29 years, Aged about 29 years, S/o Late Babu P, Presently residing at 17A/21, Nandhi Garden, 2nd Phase, Avalahalli, Near Gurukul School, Anjanapura, Bangalore 560062 (the Respondent No.2/Complainant in Crime No.534/2023) do hereby state on solemn affirmation as follows: 1. We state that the first of us is arrayed as the Accused No.1 (Petitioner) and second of us is arrayed as Complainant (Respondent No.2) in Crime No. 534/2023 registered on 17-12- 2023 at Konanakunte Police Station, Subramanyapura Sub-Division, Bengaluru City, for offences punishable under Sections 506, 341, 324, 323 and 34 of the Indian Penal Code, 1860 (Act 45 of 1860), pending before XXX Additional Chief Judicial Magistrate, Bengaluru City. 2. It is respectfully submitted that the Petitioner (the Accused No.1) was not named in the original FIR and has no connection with the alleged incident. On the date of occurrence, upon hearing cries and screams for help from the other accused as mentioned in the FIR, the Petitioner rushed to the spot only to assist and protect them. In the confusion, his presence was - 4 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 mistakenly construed as participation, and he was inadvertently arrayed as an accused. 3. Subsequently, the principal dispute between the other accused and Respondent No.2 has been amicably settled before the XXX Additional Chief Judicial Magistrate, Bengaluru City, and recorded by the said court. 4. In continuation of that compromise, the Respondent No.2 (Complainant) and Petitioner (Accused) have now mutually resolved the matter in good faith and wish to bring the same to the kind notice of this Hon'ble Court. 5. Both parties hereby declare that the incident in question was the result of misunderstanding and confusion, without any criminal intent or malice. 6. The Respondent No. 2 confirms that he has no surviving grievance or complaint against Petitioner - Sri Santhosh and does not wish to prosecute the said petitioner any further. 7. Both parties affirm that this compromise is entered into voluntarily, of their own free will, without any coercion, undue influence, - 5 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 threat, inducement, or promise from any quarter. 8. Both parties further agree that no financial consideration or other benefit has been exchanged in connection with this compromise; it is based solely on mutual understanding and to restore peace and harmony between the parties. 9. Both parties respectfully submit that continuation of criminal proceedings would serve no useful purpose and may only cause hardship to an innocent party. WHEREFORE, they jointly pray that this Hon'ble Court may be pleased to quash all further proceedings in Crime No.534/2023, Konanakunte Police Station, Bengaluru City, insofar as the Petitioner (the Accused No.1) is concerned, under its powers conferred by Section 482 read with Section 320 of the Code of Criminal Procedure, 1973." 3. In the light of the offences being the ones punishable under Sections 341 and 323 of IPC, I deem it appropriate to accept the settlement and close the proceedings qua the petitioner. - 6 - HC-KAR NC: 2026:KHC:11714 WP No. 35038 of 2025 4. For the aforesaid reasons, the following order is passed:- ORDER (i) The petition stands disposed in terms of the joint affidavit. (ii) The proceedings in Crime No.534/2023 of Konanakunte Police Station, Subramanyapura Sub-Division, Bengaluru, for the offences punishable under Sections 506, 341, 324, 323 and 34 of IPC pending on the file of the XXX Additional Chief Judicial Magistrate, Bengaluru, are quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE PMR List No.: 1 Sl No.: 219