Pulkit Parashar Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Pulkit Parashar Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned proceedings in C.C.No.42528/2024 pending before the XXXI Additional Chief Judicial Magistrate at Bangalore insofar as they relate to the petitioner/accused.

Issue for consideration

Whether the chargesheet and criminal proceedings in C.C.No.42528/2024 against the petitioner for offences under Sections 326(f) and 324(1) of the BNS Act should be quashed in view of the amicable settlement between the parties. +1 more

Court's answer

The criminal petition is allowed and the impugned proceedings in C.C.No.42528/2024 pending on the file of the XXXI Additional Chief Judicial Magistrate at Bangalore are quashed insofar as they relate to the petitioner/accused.

Ratio / Principle

Since the complainant agreed to withdraw all allegations and expressed no objection to quashing of proceedings, it would be futile to subject the petitioner to trial, as the probability of conviction is remote and bleak in light of the settlement; continuation of criminal proceedings would amount to an abuse of the process of law.

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.PC (filed under S.528 BNSS) by the accused seeking quashing of the chargesheet in C.C.No.42528/2024 (CR.No.496/2024) of Peenya Police Station for offences under Ss.326(f) and 324(1) of the Bharatiya Nyaya Sanhita, 2023, pending before the XXXI Addl. Chief Judicial Magistrate, Bangalore. During the petition, both parties appeared and filed a compromise petition with a joint affidavit recording an amicable settlement; the complainant (injured party) agreed to withdraw all allegations and raised no objection to quashing. Held: in light of the settlement the probability of conviction is remote and bleak, subjecting the accused to trial would be futile, and continuation of the proceedings would amount to an abuse of the process of law. Petition allowed; proceedings quashed insofar as they relate to the petitioner/accused. (Hemant Chandangoudar J.; decided 17-03-2025.)

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NC: 2025:KHC:11268 CRL.P No. 1299 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 1299 OF 2025

BETWEEN:

PULKIT PARASHAR, C/O LAXMIKANT PARASHAR, AGED ABOUT 26 YEARS R/AT NO.20/91, 6TH A MAIN, 10TH C CROSS, WEST OF CHORD ROAD, NAGAPURA, MAHALAKSHMIPURAM LAYOUT, BENGALURU - 560 086.

…PETITIONER

(BY SRI. RAKSHITH R, ADVOCATE)

AND:

STATE OF KARNATAKA, STATE BY PEENYA PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

DEEPANSHU AGARWAL, S/O.NAVEEN AGARWAL, AGED ABOUT 18 YEARS, R/AT NO.404, PUZZLES LIVING BRAVADO HOUSE, HMT LAYOUT, VENUGOPALNAGAR, NAGASANDRA, BENGALURU - 560 071.

…RESPONDENTS

(BY SRI. ANOP KUMAR M.V, HCGP FOR R1; SRI. NIKHIL K.P, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGESHEET FILED

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NC: 2025:KHC:11268 CRL.P No. 1299 of 2025

AGAINST THIS PETITIONER IN C.C.NO.42528/2024 (CR.NO.496/2024) OF HE PEENYA POLICE STATION FOR THE OFFENCE P/U/S 326(f),324(1) OF BNS ACT PENDING ON THE FILE OF XXXI ADDL. CHIEF JUDICIAL MAGISTRATE COURT AT BANGALORE.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner/accused, who has been chargesheeted for offenses punishable under Sections 326(f) and 324(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, has approached this Court seeking appropriate relief.

The prosecution alleges that the petitioner damaged property belonging to the complainant, causing a loss of ₹50,000. However, both parties are present before this Court and have filed a compromise petition, stating that they have amicably resolved the dispute. As per the terms of the settlement, the complainant has agreed to withdraw all allegations against the petitioner and has no objection to quashing the impugned proceedings.

The compromise petition, along with the joint affidavit, has been placed on record.

Since the complainant has agreed to withdraw all allegations and has expressed no objection to the

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NC: 2025:KHC:11268 CRL.P No. 1299 of 2025

quashing of proceedings, it would be futile to subject the petitioner to trial, as the probability of conviction is remote and bleak in light of the settlement. Under these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law.

Accordingly, I pass the following:

ORDER

i. The criminal petition is allowed.

ii. The impugned proceedings in C.C.No.42528/2024 pending on the file of XXXI Additional Chief Judicial Magistrate at Bangalore insofar it relates to the petitioner/accused is hereby quashed.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

HDK

List No.: 1 Sl No.: 146 CT: BHK