Disposed¶52

Sri. Nischay S v. the State of Karnataka

Karnataka HC24 Jul 2025CRL.P/10638/2025

Case brief

AI extract

What is this about?

Quashing of charge sheet; C.C.No.9208/2021; Crime No.59/2021; Annapoorneshwari Nagar P.S.; offences under Sections 341, 323, 326, 504 r/w 149 IPC; petition under S.482 Cr.P.C. / S.528 BNSS; joint application I.A.2/2025 under S.320 r/w S.482 Cr.P.C.; amicable settlement/compromise; joint affidavit; no objection by complainant; VI Addl. CJM Bengaluru; petitioner accused No.4 Nischay S; complainant Shivaraju K M; petition disposed; proceedings quashed insofar as petitioner concerned; Karnataka High Court; Justice S.R. Krishna Kumar; order dated 24.07.2025.

What did the court decide?

Petition disposed of in terms of application I.A.2/2025 and the Joint Affidavit dated 24.07.2025; proceedings in C.C.No.9208/2021 quashed insofar as the petitioner (accused No.4) is concerned. ¶52

Sri. Nischay S Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of application I.A.2/2025 and the Joint Affidavit dated 24.07.2025; proceedings in C.C.No.9208/2021 quashed insofar as the petitioner (accused No.4) is concerned.

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Issue for consideration

Whether the charge sheet and criminal proceedings in C.C.No.9208/2021 against the petitioner (accused No.4) for offences punishable under Sections 341, 323, 326, 504 r/w 149 IPC, pending before the VI Addl. Chief Judicial Magistrate, Bengaluru, should be quashed in view of the amicable settlement/compromise between the petitioner and respondent No.2 (complainant).

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Court's answer

In view of the settlement entered into between the petitioner and the 2nd respondent, the petition is disposed of in terms of application I.A.2/2025 along with the Joint Affidavit, all dated 24.07.2025.

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Ratio / Principle

The proceedings in C.C.No.9208/2021 (arising out of Crime No.59/2021 of the 1st respondent-Police), registered for offences punishable under Sections 341, 323, 326, 504 read with Section 149 of IPC and pending on the file of the VI Additional Chief Judicial Magistrate, Bengaluru, are quashed insofar as the petitioner is concerned.

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (S.R. Krishna Kumar, J.), Criminal Petition No. 10638 of 2025 filed under S.482 Cr.P.C. (S.528 BNSS): Petitioner, accused No.4, sought quashing of the charge sheet filed by respondent No.1 police in C.C.No.9208/2021 (arising out of Crime No.59/2021) for offences punishable under Sections 341, 323, 326, 504 r/w 149 IPC, pending before the VI Addl. CJM, Bengaluru. During pendency, the petitioner and respondent No.2 (complainant) voluntarily arrived at an amicable settlement without pressure, threat, coercion or undue influence, and the complainant stated he had no objection to quashing. A joint application I.A.2/2025 under S.320 r/w S.482 Cr.P.C. with a Joint Affidavit was filed and taken on record; the parties and their counsel were physically present and admitted its contents. Held: the petition is disposed of in terms of the application and Joint Affidavit dated 24.07.2025, and the proceedings in C.C.No.9208/2021 are quashed insofar as the petitioner is concerned.

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NC: 2025:KHC:28881 CRL.P No. 10638 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10638 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:

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SRI. NISCHAY S S/O SHIVAKUMARA L AGED ABOUT 22 YEARS, RESIDING AT NO. 29, SRINIVASA, 2^ND MAIN ROAD, R R RESIDENCY, NEAR KLE LAW COLLEGE, ULLALA BENGALURU, BENGALURU NORTH, HEROHALLI, BENGALURU – 560 091.

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…PETITIONER

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(BY SRI. AKASH V T.,ADVOCATE) AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR P S KENGERI GATE SUB- DIVISION BENGALURU – 560 091. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

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SRI. SHIVARAJU K M S/O NAGARAJU G M, AGED ABOUT 35 YEARS, RESIDING AT NO. 05, 2^ND CROSS, 3^RD MAIN, BRAHMAKUMARI, MAIN ROAD, HEALTH LAYOUT, ANNAPOORNESHWARI NAGAR, BENGALURU – 560 091. …RESPONDENTS

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(BY SRI.NAGESHWARAPPA.K, HCGP FOR R-1 SRI. NAGESH VINAY.S, ADVOCATE FOR R-2)

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NC: 2025:KHC:28881 CRL.P No. 10638 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET FILED BY RESPONDENT NO.1 POLICE IN CC NO.9208/2021 FOR THE OFFENCE P/U/S 341, 323, 326, 504 R/W 149 OF IPC PENDING ON THE FILE OF THE HONBLE VI ADDL.CJM, BENGALUJRU.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:

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“A. Quash the Charge sheet filed by Respondent No.1 Police in C.C No. 9208/2021 for the offence punishable under section 341, 323, 326, 504 R/W 149 of Indian Penal Code, pending on the file of the Hon'ble VI Addl. Chief Judicial Magistrate, Bengaluru.

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B. Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”

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Learned counsel for the petitioner – accused No.4 and learned counsel for 2^nd respondent – complainant have filed an application I.A.2/2025 along with Joint Affidavit duly signed by the petitioner, 2^nd respondent and their respective counsel and the same are taken on record.

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NC: 2025:KHC:28881 CRL.P No. 10638 of 2025

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HC-KAR

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Petitioner – accused No.4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.2/2025 along with Joint Affidavit, which reads as under:-

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“APPLICATION UNDER SECTION 320 R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973

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The Petitioner and the Respondent No.2 most respectfully submits as follows:-

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For the reason sworn to in the accompanying affidavit, the Petitioner and Respondent No.2 submits that they have amicably entered into a compromise and settled the matter. It is prayed that this Hon'ble Court maybe pleased to compound the offences leveled against the Petitioner in C.C No.9208/2021 pending on the file of Hon'ble VI ACJM for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC and consequently quash the aforesaid Criminal case registered against the Petitioner herein in the interest of justice and equity.”

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JOINT AFFIDAVIT

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We, Sri. Nischay S, S/o Shivakumara L, aged about 22 years, R/at No.29 Srinivasa, 2nd Main Road, R R Residency, near KLE Law College, Ullala Bengaluru, Bangalore North, Herohalli, Bengaluru-560091, the Accused No.4/Petitioner No.1 in the present case and Sri. Shivaraj K.M, S/o Nagaraju G.M, aged about 35 years, R/at No.05, 2^nd Cross, 3^rd Main, Brahmakumari Main road,

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¶35

NC: 2025:KHC:28881 CRL.P No. 10638 of 2025

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HC-KAR

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Health Layout, Annapoorneshwari Nagar, Bengaluru560091, the Complainant/Respondent No.2 in the present case do hereby solemnly affirm and state on oath as follows:-

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1. We state that, the Complainant/Respondent No.2 had filed a police complaint before the Respondent No.1 police against the Accused No.4/Petitioner for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC. In pursuance of filing the complaint the Charge sheet was filed by the Respondent No.1 police for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC before the learned V ACMM Magistrate. The Learned Magistrate has taken cognizance for the said offenses and has registered a Criminal case against the Petitioner in C.C No. 9208/2021. The C.C No.9208/2021 is transferred to VI ACJM and the same is pending on the file of VI ACJM.

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2. We state that, during the pendency of the aforesaid criminal proceedings, we have voluntarily arrived at an amicable settlement without any pressure, threat, coercion or undue influence from any side.

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3. We state that, in terms of the compromise arrived the Complainant/Respondent No.2 has no objection to quash the Criminal case pending before the Hon'ble VI ACJM in C.C No.9208/2021 for the offences punishable under Section 341, 323, 326, 504 R/w 149 of IPC against the Petitioner herein and thereby acquit the Petitioner in C.C No.9208/2021 in the interest of justice and equity.

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4. We state that, the Aadhar card of the Petitioner/Accused No.4 and the Aadhar card of the

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NC: 2025:KHC:28881 CRL.P No. 10638 of 2025

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HC-KAR

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Complainant/Respondent No.2 is produced as DOCUMENT NO.1 and DOCUMENT NO.2.

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Wherefore it is prayed that this Hon'ble Court maybe pleased to allow the aforesaid application as prayed for to meet the ends of justice and equity.”

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In view of the aforesaid settlement entered into

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between the petitioner and 2^nd respondent, I pass the following:

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ORDER

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(i) Petition is disposed of in terms of the application

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I.A.2/2025 along with Joint Affidavit all dated 24.07.2025.

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(ii) The proceedings in C.C.No.9208/2021 (arising out of Crime No.59/2021 of 1^st respondent – Police) registered for the offences punishable under Sections 341, 323, 326, 504 read with Section 149 of IPC, pending on the file of VI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

Sri. Nischay S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Nischay S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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