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2026 DAILYLAW 27089 (KAR)

VIKASH D v. THE STATE OF KARNATAKA

CRL.P/8937/2026 · 2026-07-07

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8937 OF 2026 C/W CRIMINAL PETITION NO. 8959 OF 2026 IN CRL.P No. 8937/2026 BETWEEN: VIKASH D, S/O K M DEVARAJ, AGED ABOUT 19 YEARS, R/A NO.11/1-1, 2ND CROSS, RAGAVANAGAR, N T LAYOUT, BENGALURU CITY, KARNATAKA-560026. …PETITIONER (BY SRI. LALITH KUMAR R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY VISHVESHWARAPURAM POLICE STATION. 2. B S CHANDRASHEKAR, S/O LATE B M SRIRAMU, AGED ABOUT 55 YEARS, R/AT NO.26, 1ST FLOOR, 24TH A CROSS, KERESANDRA MAIN ROAD, BSK 3RD STAGE, BENGALURU CITY, KARNATAKA-560084. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. GANESH M, ADVOCATE FOR R-2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE PROCEEDINGS IN C.C.NO.4465/2026 PENDING ON THE FILE OF THE XXXVII ADDL. C.J.M, BENGALURU FOR THE OFFENCES P/U/S 115(2), 177(2), 126(2), 351(2), 352 R/W 3(5) OF BNS, 2023, REGISTERED BY VISHVESHWARAPURAM P.S. IN CRL.P NO. 8959/2026 BETWEEN: YASHWANTA, S/O K M DEVARAJ, AGED ABOUT 17 YEARS, SINCE MINOR, REPRESENTED BY HIS MOTHER MANJULA, AGED ABOUT 38 YEARS, R/A NO.11/1-1, 2ND CROSS, RAGAVANAGAR, N T LAYOUT, BENGALURU CITY, KARNATAKA-560026. ...PETITIONER (BY SRI. LALITH KUMAR R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY VISHVESHWARAPURAM POLICE STATION. 2. B S CHANDRASHEKAR, S/O LATE B M SRIRAMU, AGED ABOUT 55 YEARS, R/AT NO.26, 1ST FLOOR, 24TH A CROSS, KERESANDRA MAIN ROAD, BSK 3RD STAGE, BENGALURU CITY, KARNATAKA-560084. ...RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. GANESH M, ADVOCATE FOR R-2) - 3 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE PROCEEDINGS IN J.C.NO.33/2026 PENDING ON THE FILE OF THE J.J BOARD, BENGALURU (URBAN), REGISTERED U/S.115(2), 117(2), 126(2), 351(2), 352 R/W SEC.3(5) OF THE BNS, 2023, REGISTERED BY VISHVESHWARAPURAM P.S. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.8937/2026, the petitioner is before this Court seeking the following prayers: "(a) Quash the proceedings in C.C No. 4465/2026 pending on the file of the XXXVII ADDL C.J.M, Bengaluru for the offences punishable under sections 115(2), 177(2), 126(2), 351(2), 352, r/w 3(5) of Bharatiya Nyaya Sanhita, 2023. registered by Vishveshwarapuram PS. (b) Grant any such other relief or reliefs as this Hon'ble court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity." 2. In Crl.P.No.8959/2026, the petitioner is before this Court seeking the following prayers: "(a) Quash the proceedings in J.C No. 33/2026 pending on the file of The Juvenile Justice Board, Bengaluru (Urban), registered under sections 115(2), 117(2), 126(2), 351(2), 352, r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS) 2023 registered by Vishveshwarapuram PS. - 4 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 (b) Grant any such other relief or reliefs as this Hon'ble court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity." 3. In both the cases, heard Sri.Lalith Kumar R, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Ganesh M, learned counsel appearing for respondent No.2 and have perused the material on record. 4. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed joint affidavits in that regard. 5. In Crl.P.No.8937/2026, the joint affidavit reads as follows: “We Vikash D S/o K M Devaraj Aged about 19 years Residing at No.11/1-1, 2nd Cross, Ragavanagar, N T Layout Bengaluru City, Karnataka-560026 being the Petitioner No 1 & B S CHANDRASHEKAR S/o. late B M Sriramu Aged about 55 years, R/@ No 26, 1st Floor, 24th A Cross, Karesandra Main Road, BSK 3rd stage, Bengaluru City, Karnataka-560070 being the Respondent No. 2 do hereby solemnly affirm on oath and state as follows:- 1. We submit that, first us is the Petitioner No. 1, second us is the Respondent no.2 respectively, in the above case and - 5 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 as such we know the facts and circumstances of the above case and hence, we are swearing this affidavit. 2. That the complainant/Respondent. No 2 had lodged a complaint against the accused/Petitioner, resulting in registration of FIR in Cr. No 177/2025 dated 21.11.2025, under Sections 115(2), 126(2), 351(2), 352 r/w 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023 at Viveshwarapuram Police Station, Bengaluru. Upon the investigation the respondent no.1 filed a charge sheet in CC-4465/2026 before the XXXVII ACJM BANGALORE for the offences under section 115(2), 117(2), 126(2), 351(2), 352 r/w 3(5) of BNS of 2023. 3. After due discussion and advice of well-wishers, myself and the Petitioner have come to conclusion not to proceed any further in the above said crime and hence I am not willing to continue the case against the Petitioner & I have no objection to quash the entire proceedings against the Petitioner. 4. That during the pendency of proceedings, both parties have resolved the dispute amicably and voluntarily, without any force, coercion, or undue influence. 5. I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioner and realized that pending of the proceedings would hamper his future and hence desired to withdraw our allegations made against the Petitioners and close the case on our own will and volition. 6. I, the Second Respondent further state that the Petitioner is a college student hence, I am not willing to prosecute my complaint against the Petitioner and have no objection to quash the FIR in Cr No. 177/2025, registered by Vishveshwarapuram Police Station, for the offences made penal under Sections 115(2), 117(2), 126(2), 351(2), 352 r/w 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, now pending before XXXVII Addl CJM Bangalore. 7. We state that in view of the mutual agreement of all disputes pending between us, we have no grievances against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, - 6 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 seeking to quash the case in C.C. No.4465/2026 now pending before XXXVII Addl. CJM, Bangalore 8. we state that we have no further claims and counter claims on each other as all disputes and claims are settled in full and final.” 6. In Crl.P.No.8959/2026, the joint affidavit reads as follows: “We Yashwanta S/o K M Devaraj Aged about 17 years, Since minor, represented by his Mother, Manjula C/o K M Devaraj, Aged about 38 years, R/a No.11/1-1, 2nd Cross, Ragavanagar, N T Layout Bengaluru City, Karnataka- 560026 being the Petitioner No 1 & B S CHANDRASHEKAR S/o. late B M Sriramu Aged about 55 years, R/@ No 26, 1st Floor, 24th A Cross, Karesandra Main Road, BSK 3rd stage, Bengaluru City, Karnataka-560070 being the Respondent No. 2 do hereby solemnly affirm on oath and state as follows:- 1. We submit that, first us is the Petitioner No.1, second us is the Respondent no.2 respectively, in the above case and as such we know the facts and circumstances of the above case and hence, we are swearing this affidavit. 2. That the complainant/Respondent. No 2 had lodged a complaint against the accused/Petitioner, resulting in registration of FIR in Cr. No 177/2025 dated 21.11.2025. under Sections 115(2), 126(2), 351(2), 352 r/w 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023 at Viveshwarapuram Police Station, Bengaluru. Upon the investigation the respondent no.1 filed a charge sheet in J.C No. 33/2026 presently pending BEFORE THE HON'BLE The Juvenile Justice Board, Bengaluru (Urban) registered by Vishveshwarapuram Police Station wherein the Petitioner are arrayed as Juvenile No.1 for the offences punishable under sections 115(2), 117(2), 126(2), 351(2), 352, r/w 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. After due discussion and advice of well-wishers, myself and the Petitioner's family have come to conclusion to - 7 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 proceed any further in the above said crime and hence I am not willing to continue the case against the Petitioner & I have no objection to quash the entire proceedings against the Petitioner. 4. That during the pendency of proceedings, both parties have resolved the dispute amicably and voluntarily, without any force, coercion, or undue influence. 5. I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioner and realized that pending of the proceedings would hamper his future and hence desired to withdraw our allegations made against the Petitioners and close the case on our own will and volition. 6. I, the Second Respondent further state that the Petitioner is a college student hence, I am not willing to prosecute my complaint against the Petitioner and have no objection to quash the FIR in Cr No. 177/2025, registered by Vishveshwarapuram Police Station, for the offences made penal under Sections 115(2), 117(2), 126(2), 351(2), 352 r/w 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, now pending before The Hon'ble Juvenile Justice Board, Bengaluru (Urban) In J.C No. 33/2026. 7. We state that in view of the mutual agreement of all disputes pending between us, we have no grievances against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, seeking to quash the case in J.C No. 33/2026 now pending before Hon'ble Juvenile Justice Board, Bengaluru (Urban). 8. We state that we have no grievances on each other as all disputes are settled in full and final.” 7. The parties to the lis are present before the Court and are identified by their respective counsels. - 8 - HC-KAR NC: 2026:KHC:34120 CRL.P No. 8937 of 2026 C/W CRL.P No. 8959 of 2026 8. In the light of joint affidavits as quoted supra being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the said joint affidavits and terminate the proceedings against the petitioner in the subject petitions. 9. For the aforesaid reasons, the following: ORDER [I] Criminal Petitions are disposed. [II] In Crl.P.No.8937/2026, proceedings in C.C.No.4465/2026 pending before the XXXVII Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioner. [III] In Crl.P.No.8959/2026, proceedings in J.C.No.33/2026 pending before the Juvenile Justice Board, Bengaluru (Urban), stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 55