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2026 DAILYLAW 45879 (KAR)

VISHWANATHAN v. STATE OF KARNATAKA

CRL.P/559/2026 · 2026-01-19

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2733 CRL.P No. 559 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 559 OF 2026 BETWEEN: VISHWANATHAN S/O V. VAIDYANATHAN AGED ABOUT 45 YEARS R/AT NO. 753, 2ND FLOOR, SUMMIT APARTMENT, 29TH CROSS 20TH MAIN, POORNA PRAJNA LAYOUT UTTARAHALLI, BANGALORE - 560 061. …PETITIONER (BY SRI. ANAND MUTTALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. LALITHA R. SASTRY S/O VISHWANATAH AGED ABOUT 45 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2733 CRL.P No. 559 of 2026 R/AT NO. 753, 2ND FLOOR, SUMMIT APARTMENT, 29TH CROSS, 20TH MAIN, POORNA PRAJNA LAYOUT UTTARAHALLI, BANGALORE - 560 061. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VISHWAS, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO a) QUASH THE FIR IN CR.NO.439/2025 (ANNEXURE-A) REGISTERED BY THE 1st RESPONDENT IN SUBRAMANYAPURA P.S., AGAINST THE PETITIONER HEREIN FOR THE OFFENCES P/U/S 115(2), 351(2), 85, 352 R/W 3(5) OF BNS, 2023, PENDING BEFORE THE 3rd ACMM, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2733 CRL.P No. 559 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question registration of a crime in crime No.439/2025 registered for offences punishable under Sections 115(2), 351(2) read with 3(5), 85, 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. Heard Sri. Anand Muttalli, learned counsel appearing for the petitioner, Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1, Sri. Vishwas, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows: "JOINT AFFIDAVIT I, VISHWANATHAN, S/o V Vaidyanathan, aged about 45 years, residing at #753, 2nd Floor, Summit apartment, 29th Cross, 20th Main, Poorna Prajna Layout, Uttarahalli, Bangalore-560 061, the Petitioner herein do herby state on oath as follows: - 4 - HC-KAR NC: 2026:KHC:2733 CRL.P No. 559 of 2026 I, LALITHA R SASTRY, W/o Vishwanathan, aged about 45 years, residing at #753, 2nd Floor, Summit apartment, 29th Cross, 20th Main, Poorna Prajna Layout, Uttarahalli, Bangalore-560 061, the 2nd Respondent herein do hereby state on oath as follows: 1. The Petitioner being aggrieved by the filing of Complaint dated 24.12.2025 by the 2nd Respondent before the 1st Respondent Police, based on which the 1st Respondent Police has registered an FIR in Crime No.0439/2025 against the Petitioner for the offences punishable under Section 115(2), 351(2), 85, 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the 30th Additional Chief Metropolitan Magistrate at Bangalore has preferred this instant petition seeking to quash the entire proceeding initiated against him. 2. Subsequent to the registration of the aforestated FIR, the Petitioner and 2nd Respondent have mutually agreed to resolve their dispute and the 2nd Respondent no longer wishes to prosecute the said matter. 3. In lieu of the settlement between the parties, continuation of the aforestated proceedings will cause irreparable injury and hardship, not only to the Petitioner herein, but also to the 2nd Respondent. 4. In view of the settlement arrived at by the parties, the Petitioner humbly prays that this Hon'ble Court may kindly permit the parties to compound the alleged offences, in the interest of justice. 5. The 2nd Respondent/First Information does not have any objections for compounding the alleged offences as the disputes have been settled amicably as stated supra. The 2nd Respondent does not have any further claims or grievances against the Petitioner. WHEREFORE, the Petitioner and the 2nd Respondent humbly pray that this Hon'ble Court may be pleased to allow this application and permit the parties to compound the alleged offences in Crime No.0439/2025, and consequently, quash the complaint daed 24.12.2025 filed by the 2nd Respondent before the 1st Respondent Police and the First Information Report registered by the 1st Respondent Police in Crime No.0439/2025 for the - 5 - HC-KAR NC: 2026:KHC:2733 CRL.P No. 559 of 2026 offences punishable under Section 115(2), 351(2), 85, 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the 30th Additional Chief Metropolitan Magistrate at Bangalore, in the interest of justice." 4. In the light of application for compounding being filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition stands disposed. ii. Registration of a crime in crime No.439/2025 pending on the file of 30th Additional CMM Court, Nrupatunga Road, Bangalore, against the petitioner stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 80