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2026 DAILYLAW 29598 (KAR)

SRI.N.GAGAN DEEP v. STATE OF KARNATAKA

WP/20210/2026 · 2026-07-03

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20210 OF 2026 (GM-RES) BETWEEN: SRI N.GAGAN DEEP, SON OF SRI N. NARAYANA SWAMY, AGED ABOUT 32 YEARS, R/AT KHB COLONY, WARD NO. 01, VTC GUDIBANDA, PO:GUDIBANDA, CHIKKABALLAPUR, KARNATAKA - 561 209. …PETITIONER (BY SRI SANGAMESH M NAVADAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY DEVANAHALLI POLICE STATION, DEVANAHALLI, BENGALURU RURAL DISTRICT, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI BHARATH C. S, SON OF SRI R. V. SRINIVASA REDDY, AGED ABOUT 32 YEARS, RESIDING AT NO. 50/239, 1ST MAIN ROAD, SUBBAREDDY LAYOUT, M. G. ROAD, CHINTAMANI TOWN, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 CHICKBALLAPURA, KARNATAKA - 561 209. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI DEEPAK WAGLE, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO. 79/2026 REGISTERED BY DEVANAHALLI POLICE STATION, BENGALURU RURAL DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC, DEVANAHALLI, AS AGAINST THE PETITIONER / ACCUSED NO. 1, PRODUCED AT ANNEXURES A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.79/2026, pending before the Civil Judge and JMFC, Devanahalli, for the offences punishable under Section 318(4) of the BNS. 2. Learned counsel for the petitioner and respondent No.2 in unison would submit that during the subsistence of these proceedings, the parties to the lis have entered into - 3 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 settlement amongst themselves by drawing up certain terms and conditions. The parties have filed a joint memo before this Court to that effect. 3. The joint memo reads as follows: “The present Writ Petition has been filed by the Petitioner invoking the jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the Complaint and FIR dated 24.04.2026 registered in Crime No. 79/2026 by Devanahalli Police Station, Bengaluru Rural District, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, and all further proceedings arising therefrom, insofar as the Petitioner is concerned. 2. During the pendency of the present proceedings, the Petitioner and Respondent No. 02, with the intervention of well-wishers and after mutual discussions, have amicably resolved the dispute forming the subject matter of the impugned Complaint and FIR The settlement has been arrived at voluntarily, without any force, coercion, fraud, undue influence or pressure from any person. 3. In furtherance of the said settlement, the Petitioner has paid a sum of Rs.35,00,000/-(Rupees Thirty-Five Lakhs only) to Respondent No. 02 towards settlement of the dispute forming the subject matter of Crime No. 79/2026. Respondent No. 02 hereby acknowledges receipt of the aforesaid sum of Rs.35,00,000/- (Rupees Thirty-Five Lakhs only) from the Petitioner. 4. Respondent No. 02 submits that, upon receipt of the aforesaid amount and in view of the settlement arrived at between the parties, Respondent No. 02 has no objection for quashing of the Complaint, FIR in Crime No. 79/2026 and all consequential proceedings arising therefrom, insofar as the Petitioner is concerned. - 4 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 5. One Mr. Mohammed Khaja Naseeruddin has filed Complaint before Central Crime Police Station, Hyderabad which has been registered in FIIR No. 69/2026 for the offences punishable under Section 318(4), 319(2) read with Section 61(2) of the BNS, 2023, wherein the Petitioner has been arrayed as Accused No. 01 and the Respondent No. 02 has been arrayed as Accused No. 03. 6. The Respondent No. 01 Police during the investigation has seized Rs.2,00,00,000/- (Rupees Two Cores only) in P.F.No.68/2026 through Demand Draft Nos.: i. Rs.50,00,000/- (Rupees Fifty Lakhs only) vide DD.No.579323; ii. Rs.50,00,000/- (Rupees Fifty Lakhs only) vide DD.No.579324; iii. Rs.50,00,000/- (Rupees Fifty Lakhs Only) vide DD.No.579325; and iv. Rs.50,00,000/- (Rupees Fifty Lakhs Only) vide DD.No.579326. 7. The parties further clarify that the settlement recorded herein and the quashing of Crime No. 79/2026 shall not prejudice, affect or determine the rights and contentions of the parties in the proceedings pending before the competent Courts at Hyderabad. All rights, remedies, claims, defences and contentions of the parties in the said proceedings are expressly kept open to be adjudicated in accordance with law. 8. The parties further submit that, in Crime No. 79/2026, an amount of Rs.2,00,00,000/- (Rupees Two Crores only), presently shown as Item No. 1 in P.F. No. 68/2026 and seized by Devanahalli Police Station, belongs to M/s ANS Engineerings. As per the settlement and underlying transactions between the parties, the said amount is acknowledged to be payable and releasable in favour of M/s ANS Engineerings, which is the lawful claimant of the said amount. 9. It is submitted that M/s ANS Engineerings has already filed an appropriate application before the jurisdictional / learned Trial Court seeking release of the aforesaid amount of Rs.2,00,00,000/- (Rupees Two Crores only). The Petitioner as well as Respondent No. 02 hereby expressly - 5 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 submit that they have whatsoever to the release of the said seized amount in favour of M/s ANS Engineerings in accordance with law. It is therefore prayed that this Hon'ble Court may be pleased to direct that the learned Trial Court shall consider and release the said amount in favour of M/s ANS Engineerings, subject to satisfaction of legal requirements and pending applications. 10. Respondent No. 02 submits that the criminal dispute forming the subject matter of Crime No. 79/2026 has been resolved between the parties and that Respondent No. 02 does not desire to prosecute the impugned criminal proceedings any further. Respondent No. 02 voluntarily consents to the quashing of the impugned FIR and all consequential proceedings against the Petitioner. 11. The Petitioner and Respondent No. 02 undertake to appear before this Hon'ble Court, either physically or through such mode as may be permitted, and confirm the terms of the present settlement and their consent for quashing of the impugned proceedings. 12. In view of the amicable resolution of the criminal dispute, continuation of the impugned proceedings would serve no useful purpose and would result in unnecessary hardship to the parties. The parties therefore respectfully pray that this Hon'ble Court may be pleased to accept the present Joint Memo and quash the impugned Complaint, FIR and all consequential proceedings arising out of Crime No. 79/2026.” In the light of the afore-quoted joint memo 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. - 6 - HC-KAR NC: 2026:KHC:33629 WP No. 20210 of 2026 4. For the aforesaid reasons, the following: O R D E R (a) The writ petition is disposed. (b) The impugned crime in Crime No.79/2026, pending before the Civil Judge and JMFC, Devanahalli, qua the petitioner, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 10