SRI DEEPAK @ DEEPU v. NONE

#2. SRI JAYA KUMAR @ JAI AGED ABOUT 39 YEARS, S/O B GOPAL R/A NO.30/31, RAJ HOMES, FLAT NO. F.F-2, SNEHA, KAALAOCHIKKALASANDRA, BENGALURU - 560 061.

#3. SRI SRINIVAS M @ SEENU BBMP AGED ABOUT 32 YEARS, S/O MALLIKARJUNA R/A NO. 1312, 5TH MAIN ROAD, 5TH CROSS, PRAKASH NAGAR, SRI RAMPURAM, BENGALURU - 560 021.

#4. SRI. BABU AGED ABOUT 35 YEARS, S/O BALAIAH R/A NO. J-129, 2ND MAIN ROAD, 10TH CROSS, LAKHSMI NARAYANAPURA, BENGALURU - 560 021. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR

#5. SRI. VELU MURUGAN AGED ABOUT 42 YEARS S/O SELVARAJ R/A NO. 2, SITE NO. 18/19, 15TH MAIN, 9TH CROSS, J.C NAGAR, MAHALAKSHMI PURAM, BENGALURU - 560 086 (BY SRI. MAYUR D BHANU, ADVOCATE) AND: …PETITIONERS

#1. THE STATE OF KARNATAKA REPRESENTED BY SHO CCB (OCW)(WEST) POLICE REPRESENTED BY SPP HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001.

#2. SRI. RAVI M AGED ABOUT 35 YEARS, S/O MALLAIAH, R/A NO.1/4, 1ST MAIN, 2ND CROSS, LAKKASANDRA, BENGALURU - 560 030. (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. AKSHAY RAVOMDRA PRABHU, ADVOCATE FOR R2) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS (482 OF CR.P.C PRAYING TO-QUASH THE FIR IN CRIME NO. 21/2025 OF THE RESPONDENT CCB (OCW) (WEST) POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 127 (2), 140 (2), 308(2), 308(4), 305(5), 351 (2), 352 READ WITH SECTION 3 (5) OF THE BHARATHIYA NYAYA SANHITA 2023 PENDING ON THE FILE OF I ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN SO FAR AS THE PETITIONERS ARE CONCERNED (ANNEXURE-B). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The FIR in Crime No.21/2025 registered at CCB, Bengaluru City Police, is sought to be quashed in this petition preferred under Section 528 of BNSS.

#2. FIR is registered on a complaint lodged by the second respondent - Ravi M, S/o Mallaiah against three named accused, for the offence p/u/s 127(2), 140(2), 308(2), 308(4), 308(5), 351(2), 352 r/w 3(5) of BNS,

#2023. An application is filed under Section 359 of the BNSS, 2023 supported by the joint affidavit of the parties namely, the petitioners as well as respondent No.2/de facto complainant. The application reads as under: "APPLICATION UNDER SECTION 359 OF BHARATIYA NAGARIK SURKASHA SANHITA, 2023 The Parties above named respectfully state as under:

#1. The Parties respectfully state that they have preferred the instant petition seeking quashing of the FIR in Crime No. 21/2025 of the Respondent CCB (OCW) (West) Police Station registered for the - 4 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR offences punishable under sections 127(2), 140(2), 308(2), 308(4), 308(5), 351(2), 352 read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the Learned I Additional Chief Judicial Magistrate, at Bengaluru registered against the Petitioners herein. longer wishes

#2. The Parties respectfully state that due to the intervention of the elders and well-wishers, they have settled the matter amongst themselves and as such, the Respondent No.2 has withdrawn the allegations made against the Petitioners in toto and Petitioners, Respondent CCB (OCW) (West) Police Station registered for the offences punishable under sections 127(2), 140(2), 308(2), 308(4), 308(5), 351(2), 352 read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of I Additional Chief Judicial Magistrate, at Bengaluru. to prosecute against in Crime No. 21/2025 of

#3. The Parties respectfully state that it is agreed that the Respondent No. 2 would not prosecute the instant criminal case and hence the Respondent No. 2 has no objections for quashing, closing, compounding of the F.I.R in Crime No. 21/2025 of the Respondent CCB (OCW) (West) Police Station for the offences punishable under registered sections 127(2), 140(2), 308(2), 308(4), 308(5), 351(2), 352 read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of I Additional Chief Judicial Magistrate, at Bengaluru."

#3. Petitioners as well as respondent No.2 are present before the Court. They are identified by their learned counsel. On the ground of settlement, the parties - 5 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR are seeking permission of the Court to compound the offence.

#4. It is stated that due to the intervention of the elders and well-wishers, matter has been settled and respondent No.2 has withdrawn the allegations made against the petitioners and no longer wishes to prosecute the petitioners.

#5. As could be seen from the contents of the FIR, the dispute is private in nature which arose out of certain financial transaction/s. The entire allegations in the complaint are now withdrawn by the de facto complainant by filing the application before this Court. Respondent No.2 who is present before the Court submits that he is not interested in proceeding with the case any further as the dispute is already resolved. He submits that he has no objection to quash the proceedings.

#6. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in - 6 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

#7. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable settlement between the parties, no useful purpose will be served in continuing the criminal proceedings against the petitioners. Hence, to secure the ends of justice, it is expedient to quash the proceedings. Accordingly, the following order. - 7 - NC: 2025:KHC:49231 WP No. 31710 of 2025 HC-KAR ORDER Petition is allowed. The entire proceedings/investigation arising out of Crime No.21/2025 of CCB Bengaluru City Police against the petitioners are quashed. The articles if any seized in the case during investigation, shall be returned to the persons entitled to it. Sd/- (MOHAMMAD NAWAZ) JUDGE BSV List No.: 1 Sl No.: 101