- 1 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11266 OF 2026 BETWEEN: 1. SRI. CHALLUVARAJ G, S/O LATE K.C.NAGARAJ, AGED ABOUT 34 YEARS, R/AT NO.104, WARD NO.21, ARAVINDANAGAR, GOWRIBIDANURU, CHIKKABALLAPUR - 561 208. 2. SRI. NANDISHA, S/O GANGADHARAPPA, AGED ABOUT 44 YEARS, R/AT. NO.00, MAIN ROAD, CHANNENAHALLI VILLAGE, GAURIBADNURU TALUK, KADALAVENI, CHIKKABALLAPURA DISTRICT - 561 210. …PETITIONERS (BY SRI. SYED MOHAMMED IRBAZ., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH TUNGANAGARA POLICE STATION, SHIVAMOGGA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN S.C.NO.75/2026 ARISING OUT OF FIR IN CR.NO.193/2019 PENDING BEFORE THE III ADDL.DIST. AND SESSIONS JUDGE AT SHIVAMOGGA FOR THE OFFENCE P/U/S 115, 307, 364, 34 OF IPC AS AGAINST THE PETITIONER NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Syed Mohammed Irbaz, learned counsel appearing for the petitioner and Smt. Waheeda M.M. learned High Court Government Pleader appearing for respondent No.1-State and perused the material placed on record. 2. Petitioner No.1-accused No.1 and Petitioner No.2-Complainant is before this Court seeking quashment of the proceedings in S.C.No.75/2026, arising out of FIR in Crime No.193/2019 pending before the learned III - 3 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 Additional District and Sessions Judge, at Shivamogga, for the offences punishable under Sections 115, 307, 364, 34 of IPC. 3. Learned counsel for the petitioners who are accused No.1 and complainant in unison submit that during the pendency of the case, the parties to the lis have settled the dispute and file an interlocutory application in I.A.No.1/2026 under Section 482 r/w. 320(2) of the Cr.P.C., along with affidavit, seeking permission to compound the offences. 4. The application and affidavit reads as follows: APPLICATION FILED UNDER SECTION 320(2) OF CRIMINAL PROCEDURE CODE That for the reasons stated in the accompanying affidavit, the petitioners above named most respectfully prays that this Hon'ble Court may be pleased to compound the offence and quash proceedings in S.C.No.75/2026 arising out of FIR in Crime No.193/2019 pending before the III Additional District and Sessions Judge at Shivamogga fo Punishable under Section 115, 307, 364, 34 of IPC as against the Petitioner No.1, in the interest of justice and equity. - 4 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 AFFIDAVIT I Sri. Nandish, S/o Gangaharappa, Aged about 44 years, Ajad Nagar, 1st Cross, Near Acharya School Field, Gowribidanur Town, Chikkaballapura District-561 208, now today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I submit that, I am the Petitioner No.2/Compalainant in the above case and I know the facts and circumstances of the case. Hence, I am swearing to this Affidavit. 2. I state that, I have filed above alleged complaint on an ill advice of relatives without knowing the consequences. I have sustained simple injuries. 3. I state that, we have compromised the matter with advice of well wishers and elders of the family. 4. I state that, the respondent Police registered an FIR against the petitioner No.2 without any allegations and I have no objection to quash the proceedings against the petitioner No.2. 5. I state that, I have signed this affidavit by knowing the contents, without any force, threat or undue influence. WHEREFORE, I pray that, this Hon'ble Court may be pleased to permit us to compound the offence, consequently quash the proceedings in S.C.No.75/2026 arising out of FIR in Crime No.193/2019 pending before the III Additional District and Sessions Judge at Shivamogga for offence punishable under Section 115, 307, 364, 34 of IPC, in the interest of justice." 5. The learned counsel appearing for the petitioners also submits that on the same offences, accused No. 2 was also charged and that has been - 5 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 quashed by a Co-ordinate Bench of this Court, which reads as follows: "This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the FIR registered by the respondent - Police against the second petitioner for the offence punishable under Sections 364, 307, 115 read with Section 34 of IPC in Crime No.193/2019 on the file of Additional Civil Judge & JMFC (Jr. Dvn.,) Shivamogga and pass any other equitable orders. 2. The factual matrix of the case is that the petitioners herein are the brother and sister. On 26.04.2019, the first petitioner has lodged the complaint against his sister second petitioner herein and also against his cousin brother alleging that his cousin brother has assaulted him with knife on his neck, left cheek and hands, as a result, he has sustained injuries. Based on the complaint, police have registered the case for the offence punishable under Sections 364, 307, 115 read with Section 34 of IPC. The police have not yet filed the charge sheet and at this juncture both petitioners have filed an application under Section 320(2) of Cr.P.C. praying this Court to compound the offences, on the ground that they have compromised the matter on the advise of elders and well-wishers. In support of the application, the injured also filed verifying affidavit. In the affidavit also it is reiterated that on the advise of the well- wishers, both petitioners have compromised the matter. 3. Learned counsel for the petitioners submit that the petitioner No.2 / accused No.2 is the sister and the injured petitioner No.1 is her brother. The injuries are simple in nature and taking note of the peculiar facts and circumstances of the case, proceedings may be quashed. 4. In support of his argument, learned counsel for the petitioners relied upon the judgment of this Court in the case of STATE OF KARNATAKA vs. BASAVARAJU reported in ILR 1990 KAR 774 , wherein it is held that " compounding of non-compoundable offence Not granted - 6 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 as matter of course except on peculiar circumstances being special case Permission accorded keeping in view larger interests of couple in matrimonial case, not improper Such procedure not encouragement for perjury". 5. He further relied upon the judgment of the Hon'ble Supreme Court in the case of MAHESH CHAND AND ANOTHER v. STATE OF RAJASTHAN reported in 1990 (Supp) SCC 681, wherein it is held that "in an offence under Section 307 of IPC, the accused a lawyer Counter case arising out of same transaction already compromised Offences not compoundable. However, in view of nature of case and circumstances under which offence committed trial Court directed permission to compound the offence". to accord 6. Per contra, learned High Court Government Pleader appearing for the State has relied upon the judgment of the Hon'ble Supreme Court in the case of STATE OF MADHYA PRADESH vs. LAXMI NARAYAN AND OTHERS reported in (2019) 5 SCC 688 and submits that the offence against the Society at large, there cannot be any compounding of offence and proceedings cannot be quashed. 7. Having heard the learned counsel for the petitioners and learned High Court Government Pleader appearing for the respondent - State. 8. This petition is filed by both the injured as well as accused No.2. The relationship between accused No.2 and the complainant is sister and brother. The State does not dispute the same. The wound certificate also discloses that the injuries are simple in nature. The investigation is not yet completed and having taken note of the subsequent development and also the peculiar circumstances of the case, both the complainant and accused No.2 have filed this petition under Section 482 of Cr.P.C. 9. It is not in dispute that the petitioners are brother and sister. Hence, in the peculiar facts and circumstances of the case and taking note of the injuries are simple in nature, I am of the opinion that this is a fit - 7 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 case to exercise the discretionary power under Section 482 of Cr.P.C. and Section 320(2) of Cr.P.C. for compounding of offence. 10. In view of the discussions made above, I pass the following: ORDER (i) The petition is allowed. (ii) The proceedings initiated in Crime No.193/2019 against the second petitioner/accused No.2 is hereby quashed. As a result, FIR registered against the second petitioner is hereby quashed." 6. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the application along with an affidavit and close the proceedings against the petitioner No.1-accused No.1 in the subject petition. 4. The crime so registered against the petitioner No.1-accused No.1 as well as the charge sheet so filed pursuant to the crime in Crime No.193/2019 stands quashed. 5. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. - 8 - HC-KAR CNR: KAHC010514812026 NC: 2026:KHC:39798 CRL.P No. 11266 of 2026 (ii) Proceedings in S.C.No.75/2026 ( arising out of Crime No.193/2019) pending before the III Additional District and Sessions Judge at Shivamogga, insofar as petitioner No.1-accused No.1 is concerned is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE HR List No.: 1 Sl No.: 70