Criminal Petition No. 7277 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7277 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 6965 OF 2025 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 7277/2025 BETWEEN: 1. 2. 3. 4. SRI GURUPRASAD H D SON OF DHANANJAYA, AGED ABOUT 29 YEARS WORKING AS POLICE SUB INSPECTOR, GOVINDARAJANAGARA POLICE STATION, BENGALURU- 560 058. SRI. HANUMAGOUDA SON OF APPARAYA, AGED ABOUT 38 YEARS WORKING AS ASSISTANT SUB INSPECTOR GOVINDARAJANAGARA POLICE STATION, BENGALURU- 560 058. SRI. ARJUN.N.KAMBALE SON OF NAGAPPA, AGED ABOUT 36 YEARS, WORKING AS HEAD CONSTABLE, GOVINDARAJANAGARA POLICE STATION, BENGALURU- 560 058. SRI. PRASANNA.V.V SON OF VENKATEGOWDA, AGED ABOUT 30 YEARS, WORKING AS POLICE CONSTABLE, GOVINDARAJANAGARA POLICE STATION, BENGALURU-560 058. Digitally signed by CHANDANA B M Location: High Court of Karnataka
Legal Reasoning
(BY SRI. MADHUKAR DESHPANDE, ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR AND: 1. 2. STATE OF KARNATAKA BY ATTIBELE POLICE STATION ATTIBELE, BENGALURU-562107 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU- 560 001. SRI. AFROZ KHAN SON OF NASEEMU KHAN, AGED ABOUT 47 YEARS WORKING AS HEAD CONSTABLE NO.162, ATTIBELE POLICE STATION, BENGALURU- 562 107. (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 SRI. NAGARAJU.L, ADVOCATE FOR R-2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 01.05.2025 IN CRIME NO.151/2025 REGISTERED BY THE RESPONDENT NO.1 I.E., ATTIBELE POLICE STATION FOR THE OFFENCES P/U/S. 115(2), 137(1), 189(1), 190, 351(2), 352 OF THE BNS, 2023 (ANNEXURE-A) PENDING ON THE FILE OF THE 3RD ADDL. CIVIL JUDGE AND JMFC., ANEKAL, BENGLAURU RURAL DISTRICT. IN CRL.P NO. 6965/2025 BETWEEN: 1. AFROZ KHAN N S/O NASEEMU KHAN AGED ABOUT 46 YEARS WORKING AS CONSTABLE NO 612, ATTIBELE POLICE BENGALURU DISTRICT - 562122 R/AT NANDAGUDI BENGALURU RURAL DISTRICT – 562 122. - 3 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR 2. SRI. ALI AZGHAR KHAN S/O AFROZ KHAN AGED ABOUT 16 YEARS R/AT NANDAGUDI BENGALURU RURAL DISTRICT - 562122 (MINOR REP BY HIS NATURAL GUARDIAN FATHER SRI. AFROZ KAHN N, PETITIONER NO.1) (BY SRI. NAGARAJU L.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. 2. GURUPRASAD H D S/O DHANANJAYA H N AGED ABOUT 29 YEARS POLICE SUB INSPECTOR, GOVINDARAJANAGARA POLICE STATION BENGALURU - 560 058. ...PETITIONERS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R-2) ...RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.152/2025 REGISTERED BY ATTIBELE P.S., BENGALURU RURAL DISTRICT, FOR THE OFFENCES P/U/S 115(1),132,352 OF BNS, 2023, PENDING ON THE FILE OF 3rd ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.7277/2025, petitioners have sought for the following reliefs: (i) Quash the FIR dated 01.05.2025 in Crime No.151/2025 registered by the Respondent No.1 l.e., Attibele Police Station for the offences punishable under 115(2), 137(1), 189(1), 190, 351(2) and 352 of Bharatiya Nyaya Sanhita Act, 2023 (Annexure-A) pending on the file of III Addl.Civil Judge and JMFC, Anekal, Bangalore Rural District in the interest of justice. (ii) Quash the complaint dated 01.05.2025 lodged by the Respondent No.2 before the Respondent No.1 (Annexure-B) in the interest of justice. (iii) Pass any other order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the ends of justice. In Crl.P.No.6965/2025, petitioners have sought for the following relief:- WHEREFORE, the petitioners humbly prays that this Hon’ble Court be pleased to quash the FIR and complaint in Crime No.152/2025 registered by the Attibele Police station, Bengaluru Rural District for offences punishable under Section 115(1), 132 and 352 of Barathiya Nyaya Sanhita- 2023, pending on the file of 3rd Addl.Civil Judge & JMFC, Anekal, Bengaluru Rural District, in the interest of justice”. - 5 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR 2. The material on record discloses that the petitioners and complainant in both the petitions are police officials and a case and counter case have been registered by the 1st respondent – Police in Crime No.151/2025 and Crime No.152/2025 respectively. 3. Learned counsel for the respective petitioners and learned counsel for the respective complainant in both the petitions have filed Joint Applications under Section 529 of BNSS, 2023, both dated 20.06.2026 duly signed by them and their respective counsel and the same is taken on record. 4. Petitioners and complainant in both the petitions and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Application, which reads as under:- “JOINT APPLICATION FILED BY THE PETITIONERS IN BOTH THE PETITIONS UNDER SECTION 529 OF BNSS ACT, 2023; The above named Petitioners submits as under 1. The Petitioners in Criminal Petition No.6965/2025 have challenged the complaint dated 02.05.2025 submitted by the Respondent No.2 and FIR in Crime No.152/2025, registered by the Respondent No.1 i.e., Attibele Police Station for the offences punishable under Section 115(1), - 6 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR 132 and 352 of Bharati Nyaya Sanhita Act, 2023. The Respondent No.2 in Crimi Petition No.6965/2025 is the complainant in Crime No.152/2025. 2. The Petitioners in Criminal Petition No.7277/2025 have challenged the complaint dated 01.05.2025 submitted by the Respondent No.2 and FIR in Crime No.151/2025 registered by the Respondent No.1 i.e., Attibele Police Station for the offences punishable under Section 115(2), 137(1), 109(1), 190, 351(2) and 352 of Bharatiya Nyaya Sanhita Act, 2023. The Respondent No.2 in Criminal Petition No.7277/2025 is the complainant in Crime No.151/2025. 3. The Petitioner No.1 in Criminal Petition No. 6965/2025 and the Petitioners in Criminal Petition No. 7277/2025 are working with the police department. While discharging their duties, certain events have taken place, which lead to filing of the complaint a registration of two FIR in Crime No.151/2025 registered by Respondent No.1 le., Attibele Police Station for the offer punishable under Section 115(2), 137(1), 189(1), 190, 35 and 352 of Bharatiya Nyaya Sanhita Act, 2023 and FIR in No.152/2025 registered by the Respondent No.1 i.e., Police Station for the offences punishable under Section 115(1),132 and 352 of Bharatiya Nyaya Sanhita Act, 2023. 4. After registration of FIR in Crime No.151/20 01.05.2025 and FIR in Crime No.152/2025 dated Accused No.5 in Crime No.151/2025 namely Sri. Suresh, Police Constable, Govindarajanagar Police Station, passed away on 17.05.2025. - 7 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR 5. After filing of the above petition, due to intervention of seniors in the police department, well wishers, friends of the parties, both the parties namely Petitioners in Criminal Petition No.6965/2025 and Petitioners in Criminal Petition No.7277/2025 have realized that all of them belong to the police department, discharged their official duties and unfortunately certain events have taken place leading to registration of FIRS. After realization of these aspects, the parties have decided not to proceed with the criminal cases filed against each other. Sad demise of Accused No.5, who was also working with the Police Department, is also one of the reasons for withdrawing of the complaints, filed against each other and enter into a compromise petition to give quietus to the criminal proceedings. The Petitioners are no longer interested i pursuing the complaints filed by them. 6. With free will and consent and without there any being for and threat, the parties are decided to withdraw the above complaints submitted by them. Both the parties submit both they have discharged their official duties and discharging their official duties, both the parties have inquired about the personal details of parties and in the sold process both the parties have not suffered any injury and that mere exchange of words did not result in commission of any crime. 7. In terms of the settlement arrived between the parties the Respondent No.2 in Criminal Petition No.7277/2025 withdraws the compliant dated 01.05.2025 lodged before the Respondent No.1 Police and the same is pending on the file of 3rd Additional Civil & JMFC, Anekal, Bangalore Rural District. Similalary the Respondent No.2 In Criminal Petition - 8 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR No.6965/2025 withdraws the complaint dated 02.05.2025 lodged before the Respondent No.1 pending on the file of 3rd Civil Judge & JMFC, Anekal, Bangalore Rural District. 8. Both parties have withdrawn the allegations made against each other in their complaints submitted to the Respondent No.1 police Station on 01.05.2025 and 02.05.2025. We submit that there has been no collusion or force, fraud or any undue influence entering into this compromise in the aforesaid manner. Similarly both the parties have no further claims against each other. Wherefore, it is prayed that this Hon'ble Court may be pleased to: (1) Quash the FIR in Crime No.152/2025 registered by the Respondent No.1 i.e., Attibele Police Station for the offences punishable under Section 115(1), 132 and 352 of Bharatiya Nyaya Sanhita Act, 2023 (Annexure -A in Criminal Petition No.6965/2025) and complaint dated 02.05.2025 (Annexure-B in Criminal Petition No.6965/2025) in the interest of justice. (ii) Quash the FIR in Crime No.151/2025 registered by the Respondent No.1 l.e., Attibele Police Station for the offences punishable under 115(2), 137(1), 189(1), 190, 351(2) and 352 of Bharatiya Nyaya Sanhita Act, 2023 (Annexure -A in Criminal Petition No.7277/2025) and complaint dated 01.05.2025 (Annexure-B in Criminal Petition No.7277/2025) in the interest of justice.” - 9 - NC: 2025:KHC:21590 CRL.P No. 7277 of 2025 C/W CRL.P No. 6965 of 2025 HC-KAR 4. In view of the aforesaid settlement entered into between the petitioners and complainant respectively in both the petitions, I pass the following:
Decision
ORDER (i) Petitions are disposed of in terms of the Joint Applications both dated 20.06.2025. (ii) The proceedings arising out of Crime No.151/2025 and Crime No.152/2025 both registered by the 1st respondent – Police for the offences punishable under Sections 115(2), 137(1), 189(1), 190, 351(2) and 352 of BNS, 2023 and Sections 115(1), 132 and 352 of BNS, 2023 respectively, pending on the file of III Addl. Civil Judge and JMFC, Anekal, Bangalore Rural District, Bangalore, insofar as the petitioners in both the petitions are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.