N Nagaraju Vs the State by

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT NO.339/2024, DATED 04.10.2024 FOR ALLEGED OFFENCE P/U/S 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2), 351(3), 190 OF BNS 2023 REGISTERED BY THE RESPONDENT NO.1 KAGGALIPURA P.S. NOW PENDING ON THE FILE OF THE HONBLE ADDL.2ND AC.J.M COURT, BENGALURU RURAL DISTRICT AT BENGALURU AS FAR AS THE PETITIONERS IS CONCERNED.

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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 SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The captioned petition is filed by accused No.3 seeking quashing of the proceedings in Crime No.339/2024 for the offences punishable under Sections 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2)(3), 190 of Bharatiya Nyaya Sanhita, 2023.

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Learned counsel appearing for the petitioner,

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placing strong reliance on the order passed by this Court in Crl.P.No.11479/2025, has invited the attention of this

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3 - NC: 2026:KHC:1934 CRL.P No. 13468 of 2025

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HC-KAR

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Court to the fact that the criminal proceedings arising out of the very same crime have already been quashed insofar as accused Nos.1, 2 and 5 are concerned, in view of an amicable settlement entered into between the said accused and the second respondent/complainant. It is submitted that the said order records the complete settlement between the parties and the terms thereof are specifically adverted to in paragraph No.3 of the order, wherein the complainant has acknowledged receipt of a sum of Rs.10,00,000/- in full and final settlement of all disputes arising out of the transaction in question.

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Learned counsel would contend that the allegations levelled against the present petitioner/accused No.3 are identical and inseparable from those levelled against the other co-accused and, therefore, continuation of the proceedings against the present petitioner alone would be wholly arbitrary and unsustainable in law.

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4 -

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NC: 2026:KHC:1934 CRL.P No. 13468 of 2025

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HC-KAR

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Learned High Court Government Pleader appearing for the State, on instructions, fairly acknowledges the factum of settlement recorded in Crl.P.No.11479/2025 and submits that in view of the comprehensive settlement arrived at between the complainant and the co-accused, and having regard to the nature of allegations, the State has no objection to the proceedings being quashed insofar as the present petitioner/accused No.3 is concerned.

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This Court has carefully considered the submissions made by the learned counsel for the parties and has perused the order passed in Crl.P.No.11479/2025. A perusal of the said order clearly discloses that the second respondent/complainant has voluntarily settled the dispute by receiving a sum of Rs.10,00,000/- and has expressed no subsisting grievance against the accused persons arising out of the subject transaction. It is not in dispute that the allegations attributed to the present petitioner/accused No.3 are on the very same footing as

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5 - NC: 2026:KHC:1934 CRL.P No. 13468 of 2025

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HC-KAR

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those attributed to accused Nos.1, 2 and 5, whose proceedings already stand quashed by this Court. In such circumstances, permitting the criminal prosecution to continue only against the present petitioner would amount to discriminatory treatment and would result in an anomalous and unjust situation.

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This Court is of the considered view that the

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dispute between the parties is predominantly civil in nature, and the criminal proceedings appear to have arisen out of a private transaction which has now been fully resolved. Continuation of the prosecution against the present petitioner, despite the settlement and quashment of proceedings against similarly placed co-accused, would

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serve no fruitful purpose and would only result in unnecessary harassment. Such continuation would clearly amount to an abuse of the process of law. In order to secure the ends of justice and to prevent misuse of the criminal justice system, this Court deems it appropriate to exercise the inherent powers conferred under Section 528

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6 - NC: 2026:KHC:1934 CRL.P No. 13468 of 2025

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HC-KAR

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of the Bharatiya Nagarik Suraksha Sanhita, 2023, and quash the proceedings insofar as the present petitioner is concerned.

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For the foregoing reasons and having regard to the amicable settlement arrived at between the parties, the nature of the dispute, and the fact that the allegations against the present petitioner/accused No.3 are identical to those against the co-accused whose proceedings have already been quashed, this Court proceeds to pass following ;

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ORDER

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i. The criminal petition is hereby allowed;

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ii. The proceedings pending in Crime No.339/2024, registered by Kaggalipura Police Station, for the offences punishable under Sections 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2) and

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(3), and 190 of the Bharatiya Nyaya Sanhita,

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7 - NC: 2026:KHC:1934 CRL.P No. 13468 of 2025

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HC-KAR

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2023, are hereby quashed insofar as the present

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petitioner/accused No.3 is concerned;

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iii. It is clarified that the quashment of proceedings shall not enure to the benefit of any other accused, if any, except to the extent already ordered by this Court in Crl.P.No.11479/2025.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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HDK List No.: 1 Sl No.: 1

N Nagaraju v. the State by

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N Nagaraju v. the State by

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