Arvinda Vs State of Karnataka by — Writ and Judicial Review | Karnataka HC (2026)

Arvinda Vs State of Karnataka by — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Proceedings in C.C.No.1499/2023 (arising out of Crime No.171/2023) pending before the Court of Civil Judge and JMFC, Sakaleshpura, Hassan, stand quashed; the criminal petition is disposed of consequent to the parties' settlement and compounding of offences under Section 359(8) of the BNSS.

Issue for consideration

Whether the criminal proceedings in C.C.No.1499/2023 (arising out of Crime No.171/2023) against petitioners – accused Nos.1 to 5, for offences under Sections 326, 324, 323, 504, 143, 148 r/w 149 IPC, should be terminated and quashed in view of the settlement between the parties and their joint application under Section 359(8) of the BNSS seeking permission to compound the offences.

Court's answer

In view of the joint affidavit recording full settlement between the parties, the Court deems it appropriate to terminate the proceedings against the petitioners, as the dispute and the allegations are between the individuals and not against the State.

Ratio / Principle

Consequently, the proceedings in C.C.No.1499/2023 pending before the Court of Civil Judge and JMFC, Sakaleshpura, Hassan, stand quashed and the criminal petition is disposed of.

Detailed headnote1 paragraphs

Criminal procedure – compounding of offences / quashing of proceedings on settlement – Writ Petition under Articles 226 and 227 of the Constitution r/w Section 528 of the BNSS, 2023 by accused Nos.1 to 5 (Arvinda, Sathisha @ Satish, Vijay @ Vijay S, Munikrishna, Chandrashekara) in C.C.No.1499/2023 arising out of Crime No.171/2023 of Sakaleshpura Rural PS, for offences under Sections 326, 324, 323, 504, 143, 148 r/w 149 IPC, pending before the Civil Judge & JMFC, Sakaleshpura – parties filed a joint affidavit recording full settlement and an application under Section 359(8) of the BNSS seeking permission to compound the offences – complainant (Respondent No.2) states the disputes are settled in full, he is not willing to prosecute and has no objection to quashing – Court holds the dispute and allegations are between individuals and not against the State and terminates the proceedings – proceedings in C.C.No.1499/2023 stand quashed; criminal petition disposed. (Paras 2-4; HC-Kar, Justice M.Nagaprasanna, 04-06-2026.)

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NC: 2026:KHC:26580 WP No. 16491 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16491 OF 2026 (GM-RES)

BETWEEN:

ARVINDA, S/O SHANKAR, AGED ABOUT 28 YEARS, R/AT MUNESHWARA NAGARA, TC PALYA MAIN ROAD, RAMAMURTHY NAGAR, BANGALORE NORTH, BANGALORE-560016.

Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

SATHISHA @ SATISH, AGED ABOUT 27 YEARS, S/O NAGENDRA S, R/AT NO.156, BEHIND DODDAMMA TEMPLE, MUNESHWARA NAGARA, BANGALORE NORTH, BANGALORE-560016. (NAME AS PER ORDERSHEET AND AADHARCARD)

VIJAY @ VIJAY S, AGED ABOUT 27 YEARS, S/O SOMASHEKAR S, R/AT NO.#22, MUNESHWARA NAGARA, GOVT. SCHOOL FRONT RD., TC PALYA MAIN RD., BANGALORE NORTH, DOORVANINAGAR, BANGALORE-560016. (NAME AS PER ORDERSHEET AND AADHARCARD)

MUNIKRISHNA @ MUNIKRISHNA M, AGED ABOUT 34 YEARS,

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C/O VENTAKA LAKSHMI, R/AT NO.142, TC PALYA, MAIN RD., MUNESHWARA NAGARA, BANGALORE NORTH, DOORVANINAGAR, BANGALORE-560016.

(NAME AS PER ORDERSHEET AND AADHARCARD)

CHANDRASHEKARA @ CHANDRA SHEKAR K, AGED ABOUT 30 YEARS, S/O R KRISHNAPPA, R/AT NO.50, 2ND LINE, MUNESHWARA NAGAR, RAMAMURTHY NAGARA, TC PALYA MAIN RD., DOORVANINAGAR, BANGALORE-560016. (NAME AS PER ORDERSHEET AND AADHARCARD)

…PETITIONERS

(BY SMT. JAYANTHI R, ADVOCATE)

AND:

STATE OF KARNATAKA BY SAKALESHPURA RURAL PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA -560 001.

M G AKILESHA, AGED ABOUT 37 YEARS, S/O GELAVUKUMARA, R/AT MEESALU MANE VILLAGE, HANBAL HOBLI, SAKALESHPURA TALUK, HASSAN, KARNATAKA-573134

…RESPONDENTS

(BY SRI B.N JAGADEESHA, ADDL. SPP FOR R-1;

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NC: 2026:KHC:26580 WP No. 16491 of 2026

HC-KAR

SRI PAVANA B.K, ADVOCATE FOR R-2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W SECTION 528 OF THE BNSS, 2023 PRAYING TO A) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE PROCEEDINGS IN C.C. NO.1499/2023 ARISING OUT OF CRIME NO.171/2023 PENDING BEFORE THE COURT OF CIVIL JUDGE AND JMFC, SAKALESHPURA, HASSAN, FOR OFFENCES UNDER SECTIONS 326, 324, 323, 504, 143, 148 READ WITH SECTION 149 IPC, VIDE ANNEXURE A.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioners – accused Nos.1 to 5 in C.C.No.1499/2023, pending before the Court of Civil Judge and JMFC, Sakaleshpura, Hassan, for the offences under Sections 326, 324, 323, 504, 143, 148 r/w. 149 of the IPC, are before this Court seeking permission to compound the offences.

Learned counsel for the petitioners and respondent No.2 would in unison submit that the parties to the lis have entered into settlement amongst themselves by drawing up certain terms and conditions and seek permission to compound the offences. They have filed an application under Section

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359(8) of the BNSS and a joint affidavit of the parties before

this Court to that effect.

The affidavit reads as follows:

“JOINT AFFIDAVIT OF THE PARTIES

XXXX XXXX XXXX

“1. We submit that, First to fifth of us are the Petitioners and sixth one is the Respondent No. 2 in the above case and as such we know the facts and circumstances of the above case and hence, we are swearing to this affidavit.

I, the Second Respondent state that due to misunderstanding with the Petitioners, was ill advised to lodge a complaint with the First Respondent Police.

3.I, the Second Respondent further state that I was unaware about the ordeal faced by the Petitioners and realized that pendency of the proceedings would hamper their future and harm them and hence desired to withdraw my allegations made against the Petitioners and close on my own will and volition.

We state that in view of the settlement, undertakes not commit similar offences against the Second Respondent either directly or indirectly at any point of time.

I, the Second Respondent further state that since all disputes between me and Petitioners are settled in full, I am not willing to prosecute my complaint against the Petitioners and I have no objection to quash the case in C. C. No. 1498/2023 (arising out of Crime No. 171/2023) registered by the First Respondent Police (Sakaleshpura Rural Police Station) for the offences made under Sections 326, 324, 323, 504, 143, 148 r/w 149 of IPC, pending on the file of Civil Judge & JMFC, Sakaleshpura, Hassan.

We state that in view of the mutual settlement of all disputes pending between us, hence we have no grievances

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or claim against each other in future and we have filed this joint affidavit on own volition without any coercion of threat, seeking to quash the case in C. C. No. 1498/2023 (arising out of Crime No. 171/2023) registered by the First Respondent Police (Sakaleshpura Rural Police Station) for the offences made under Sections 326, 324, 323, 504, 143, 148 r/w 149 of IPC, pending on the file of Civil Judge & JMFC, Sakaleshpura, Hassan.”

In the light of the afore-quoted affidavits of the parties, I deem it appropriate to terminate the proceedings against the petitioners, as the dispute and the allegations are between the individuals and not against the State.

For the aforesaid reasons, the following:

O R D E R

(a) The criminal petition is disposed.

(b) The proceedings in C.C.No.1499/2023, pending before the Court of Civil Judge and JMFC, Sakaleshpura, Hassan, stand quashed.

Sd/(M.NAGAPRASANNA)

JUDGE

List No.: 5 Sl No.: 6

NVJ