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2026 DAILYLAW 9253 (KAR)

SRINIVASA K R v. THE STATE OF KARNATAKA

CRL.P/2744/2026 · 2026-02-26

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2744 OF 2026 BETWEEN: SRINIVASA K R, S/O K.C.RAMAIAH, AGED ABOUT 43 YEARS, R/AT NO.4, E BLOCK, ANJANEYA BIDI, BALAJI BALLS FACTORY, SAHAKARANAGARA, BENGALURU CITY -560 092. …PETITIONER (BY SRI ARUN KUMAR Y H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH DOBBESPET P.S., THROUGH STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001. 2. PRABHU, S/O LATE NITYANANDA, AGED ABOUT 21 YEARS, THIMMANAYAKANAHALLI, SOMPURA HOBLI, NELAMANGALA TALUK, 562 123. ALSO AT: GUNDU VILLAGE, TURUVIHALAHOBLI, MASKI TALUK, RAICHUR-584 101. …RESPONDENT (BY SRI VINAY M, HCGP FOR R-1; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 SMT. RAMYA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO 1. QUASH THE ORDER DATED 17.10.2025 PASSED BY THE COURT OF THE PRL.CIVIL JUDGE AND J.M.F.C AT NELAMANGALA IN C.C.NO.12207/2025 IN CR.NO.91/2025 DATED 28.05.2025 REGISTERED BY THE RESPONDENT NO.1 DABASPET P.S. FOR THE ALLEGED OFFENCE P/U/S 106(1) OF THE BNS PRODUCED HERETO AS ANNEXURE-A IN SO FAR AS THIS PETITIONER IS CONCERNED ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 is before this Court in this Criminal petition filed under Section 528 of BNSS 2023 under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.12207 of 2025 pending before the Court of Principal Civil Judge and JMFC, Nelamangala arising out of Crime No.91 of 2025 registered by Dobbespet Police Station for offence punishable under Section 106(1) of BNS, 2023 insofar as relates to the petitioner. 2. Learned counsel for the parties jointly submit that, dispute between the petitioner and respondent no.2 herein has been amicably settled and the petitioner has paid a total sum of - 3 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 ₹.10,00,000/- as compensation to the respondent no.2. The parties have filed a joint memo before this Court reporting settlement. They submit that, since the interse dispute between the parties has been now amicably settled, the prayer made in the petition may be allowed. 3. Learned HCGP, however, has brought to the notice of this Court that the charge sheet has been filed in the present case for non-compoundable offence. Parties, who are present before the Court are identified by their learned advocates. Respondent no.2 who is present in person admits settlement between the parties and learned counsel for the respondent no.2 submits that, the entire amount of ₹.10,00,000/- is paid as compensation by the petitioner through bank transaction in favour of the mother of the deceased. 4. The said submission and joint memo filed by the parties is taken on record. 5. In paragraph nos.2 and 3 of the joint memo, it is stated as follows:- "2. That with the intervention of friends, well-wishers, the parties have amicably resolved all their past, present, and - 4 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 future disputes, both civil and criminal, on the following mutually agreed terms and conditions: i. Compensation: The Petitiner has agreed to pay a total lump-sum amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the Respondent No.2 as full and final settlement towards their claims. ii. Payment Schedule: The amount is being paid in full and the Respondent has acknowledges the receipt of the payments. iii. Future Claims/Proceedings: Both parties hereby declare that they shall not initiate any further civil or criminal proceedings against each other or their respective disputes after the quashing of the present FIR and Charge sheet. 3. That since the dispute existed between the Petitioner and respondent No.2 is amicably settled and compromised out of Court as aforesaid. The is no necessity of further continuance of proceedings as against the Petitioner as the dispute is settled between the Parties. The dispute existed between the parties were purely personal in nature and no matter of public policy is involved. 6. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH -2021 SCC ONLINE SC 834, has held that notwithstanding the limitations provided under Section 320 of - 5 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 Cr.P.C,, this Court can exercise its powers under Section 482 of Cr.P.C, and can quash criminal proceedings, registered even for non-compoundable offences depending upon the gravity and nature of the offence and also the nature of settlement arrived between the parties. 7. In the present case, the deceased Parasappa @ Parashuram, who is the elder brother of the first informant had suffered injury in the accident that had taken place inside the factory premises of the accused no.2. Though, injured Parasappa @ Parashuram was shifted to hospital he had died in the hospital while undergoing treatment. The petitioner, who was working as a contractor in the factory premises of accused no.2 has now paid compensation of ₹.10,00,000/- to the mother of deceased parasappa alias Parashurama and the respondent no.2 herein. Under the circumstances, I am of the opinion that, this is a fit case wherein this Court is required to exercise its jurisdiction under Section 528 of BNSS 2023 R/w Section 482 of Cr.PC, in order to secure the ends of justice. 8. Accordingly, the following:- - 6 - HC-KAR NC: 2026:KHC:12062 CRL.P No. 2744 of 2026 ORDER Criminal petition is allowed. The entire proceedings in C.C.No.12207 of 2025 pending before the Court of Principal Civil Judge and JMFC, Nelamangala arising out of Crime No.91 of 2025 registered by Dobbespet Police Station for offence punishable under Section 106(1) of BNS, 2023 is quashed as against the petitioner is concerned. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 5 Sl No.: 1