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2026 DAILYLAW 50944 (KAR)

SRI MANTHOSH PASWAN v. STATE OF KARNATAKA

CRL.P/14681/2025 · 2026-01-05

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:274 CRL.P No. 14681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 14681 OF 2025 BETWEEN: SRI. MANTHOSH PASWAN S/O JARI PASWAN, AGED ABOUT 47 YEARS, RESIDING AT GANEGARA PALYA, KANAKAPURA MAIN ROAD, THALAGHATTAPURA, BENGALURU – 560 109. …PETITIONER (BY SRI. AKKIMANJUNATH GOWDA K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001. 2. SRI. KUNDANKUMAR S/O SANJAY SINGH, AGED ABOUT 22 YEARS, RESIDING AT NO.05, SRINIVAS COMPOUND, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:274 CRL.P No. 14681 of 2025 HOSAHALLI, GANIGARAPALYA, THALAGATTAPURA POST, BENGALURU, KARNATAKA – 560 109. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI. MANJU R., ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.P.C., (FILED U/S 528 BNSS) PRAYING TO CALL FOR RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.3237/2024 ON THE FILE OF ADDL. CHIEF JUDICIAL MAGISTRATE (ACJM), BANGALORE RURAL, BANGALORE AGAINST THE PETITIONER/ACCUSED; AND GRANT SUCH OTHER RELIEF/RELIEFS AS THIS HON'BLE COURT DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: "(a) to call for records and quash the entire proceedings in C.C.No.3237/2024 on the file of Addl. Chief Judicial Magistrate (ACJM), Bangalore Rural, Bangalore against the Petitioner/accused; - 3 - HC-KAR NC: 2026:KHC:274 CRL.P No. 14681 of 2025 (b) And grant such other relief/reliefs as this Hon'ble Court deems fit on the facts and circumstances of the case in the interest of justice." 2. Heard Sri.Akkimanjunath Gowda K, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1; Sri.Manju R, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The issue relates to two accused. One the petitioner was accused No.2. Accused No.1 is said to be absconding. The complainant has settled the dispute with accused No.2 and has filed an application seeking compounding of the offence and an application under section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned counsel for the petitioner would take this Court through the complaint and seek to demonstrate that the petitioner herein intervened only to resolve the dispute between accused No.1 and the complainant and is dragged into the crime without any rhyme or reason. The charge sheet so - 4 - HC-KAR NC: 2026:KHC:274 CRL.P No. 14681 of 2025 filed also would indicate the same qua the present accused. The Joint Affidavit filed by the parties to the lis reads as follows: “We, SRI.MANTHOSH PASWAN Son of Jari Paswan, Aged about 47 years, Residing at Ganegara Palya, Kanakapura Main Road, Thalaghattapura, Bangalore – 560 109 and SRI.KUNDANKUMAR Son of Sanjay Singh Aged about 22 years Residing at No.05, Srinivas Compound, Hosahalli, Ganigarapalya, Thalagattapura post, Bangalore, Karnataka-560109, SRI.SANJAY KUNWAR, Son of Ram Chandra Kunwar, Dhanushi, Ghataro Chaturbhuj, Vaishali, Bihar - 844199 today now at Bangalore, do hereby solemnly affirm and state on oath as follows; 01.We submit that we are aware of the facts and circumstances of the above petition and we are competent to swear to this affidavit; 02.We submit that, Sri.Kundankumar had filed complaint against Thalaghattapura Police Station under the Crime No. 51/2024 in C.C.No.3237/2024, pending on the file of the Additional Chief Judicial Magistrate, Bangalore Rural, at Bengaluru, for the offence punishable under sections 506, 341, 34, 504, 323 and 324 of Indian penal code; 04. We submit that, Sri. Sanjay Kunwar is the CW4 before trail court and stated that accused no.2 is not involved in the offence in any offence. Further that he was implicated in the above criminal case; 03.We submit that, The PARTIES have come to a conclusion to resolve the entire disputes between themselves, unconditionally; WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to Quash the entire proceedings in C.C.No.3237/2024, pending on the file of the Additional Chief Judicial Magistrate, Bangalore Rural, at Bengaluru, for the offence punishable under sections 506, 341, 34, 504, 323 and 324 of Indian penal code; - 5 - HC-KAR NC: 2026:KHC:274 CRL.P No. 14681 of 2025 We the Deponents do hereby declare that what is stated above is true and correct to the best of our knowledge, belief and information and the signatures found in this affidavit are our own;” 5. In that light, notwithstanding the fact that the offence is the one punishable under section 326 of the Indian Penal Code, I deem it appropriate to close the proceedings accepting the application seeking compounding of the offence. 6. For the said reasons, the following: O R D E R [I] Criminal Petition is disposed. [II] Further proceedings in C.C.No.3237/2024 on the file of Addl. Chief Judicial Magistrate, Bangalore Rural, Bangalore qua the present petitioner-accused No.2 stands quashed. [III] It is made clear that there is no settlement recorded qua accused No.1. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 2