Karnataka High Court
Sri Shashi Kumar G S vs State By Karnataka By on 24 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:28878
CRL.P No. 7706 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 7706 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI SHASHI KUMAR G S
S/O. SHIVAPRAKASH,
AGED ABOUT 41 YEARS,
OCCUPATION: GENERAL SECRETARY
OF SHRI BANDE MAHAKALI TEMPLE,
R/AT NO.75, SHRI BANDE MAHAKALI TEMPLE,
KEMPAMBUDHI KERE, K.G.NAGAR
BENGALURU - 560 019.
...PETITIONER
(BY SRI. K. RAMA SINGH, ADVOCATE)
AND:
1. STATE BY KARNATAKA BY
CHAMRAJPET POLICE STATION,
BENGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
Digitally
signed by 2. SRI. RAMESH BABU. Y,
CHANDANA B S/O. YALLEGOWDA,
M AGED ABOUT 50 YEARS,
Location: R/AT NO. 67, 2ND MAIN, 9TH CROSS,
High Court of NANJAMBA AGRAHARA, CHAMRAJPET,
Karnataka BENGALURU -560 018.
...RESPONDENTS
(BY SRI. NAGESHWARAPPA.K, HCGP FOR R-1
SMT. NIKHITHA.N, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE FIR AND COMPLAINT IN CRNO.110/2025 (BY
CHAMARAJPET P.S.) FOR THE ALLEGED OFFENCES P/U/S 109, 140(3)
AND 190 OF BNS, 2023 PENDING BEFORE V ADDL. CMM AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:28878
CRL.P No. 7706 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs.
"WHEREFORE, the petitioner respectfully prays that, this Hon'ble Court be pleased to quash the FIR and complaint in Crime No.110/2025(by Chamarajpet. P.S) for the alleged Offences Punishable Under Section 109, 140(3) and 190 of BNS, 2023 pending before V Addl.Chief, Metropolitan Magistrate at Benglauru, in the interest of justice."
2. Learned counsel for the petitioner - accused No.1 and learned counsel for 2nd respondent - complainant have filed an application I.A.3/2025 along with Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioner - accused No.4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.3/2025 along with Joint Affidavit, which reads as under:-
-3-NC: 2025:KHC:28878 CRL.P No. 7706 of 2025 HC-KAR Application Filed Under Section 359 R/w 528 of the BNSS 2023.
"That for the reasons stated in the accompanying affidavit the respondent No.2 and the petitioner most humbly prayed that this Hon'ble Court may kindly be pleased to permit the parties to compound the offences Under Section 109, 140(3) in connection to Crime No.110/2025, pending before V Addl. Metropolitan Magistrate at Bengaluru and consequently quash the FIR and its entire proceedings in the interest of justice and equity."
JOINT AFFIDAVIT "I, Sri. Shashi Kumar G.S, S/o Shivaprakash, aged about 41 years, Occupation: General Secretary of Shri Bande Mahakali Temple, R/at: No. 75, Shri Bande Mahakali Temple, Kempabudhi Kere, K.G.Nagar, Bengaluru - 560 019, The petitioner Herein, Do hereby Solemnly Affirm and State on Oath as Follows:
I, Sri. Ramesh Babu.Y.S/o Yallegowda, Aged about 50 Years, R/at: No.67, 2nd Main, 9th Cross, Nanjamba Agrahara, Chamarajpet, Bengaluru - 560 018. The Respondent No.2 Herein, Do Hereby Solemnly Affirm and State On oath as Follows:
1. We state that, we are the petitioner & Respondent No.2 in the above matter, we know the facts of the case. Hence we are swearing to this Affidavit.-4-
NC: 2025:KHC:28878 CRL.P No. 7706 of 2025 HC-KAR
2. We state that, we are all friends and known to each other an on the account of some misunderstanding between us a complaint Came to be registered on the spur of that moment in Crime No.110/2025 for the alleged Offences Punishable Under Section 109, 140(3) and 190 of BNS, 2023 pending before V Addl. Metropolitan Magistrate at Bengaluru.
3. We state that, with the intervention of elders, Well-Wishers we do not want to prosecute the Criminal case as we have amicably settled the dispute out of the court and in order to maintain cordial relationship and harmony we do not want to prosecute the criminal case in Crime No.110/2025 for the alleged Offences Punishable Under Section 109, 140(3) and 190 of BNS, 2023 pending before V Addl. Metropolitan Magistrate at Bengaluru, accordingly we have decided to put an end to the dispute.
4. We state that, we have decided to settle the case without any coercion or threat and the decision is voluntary. Petitioner undertakes to withdraw counter case in Cr.No.76/2025 of K.G.Nagar P.S. Wherefore, we most humbly pray that this Hon'ble Court be kindly be pleased to permit the parties to compound the offense Under Section 109, 140(3) and 190 of BNS, 2023 in Connection to Crime No.110/2025 by Chamarajapet Police, pending before V Addl., Metropolitan Magistrate at Bengaluru and consequently quash the FIR and its entire proceedings in the interest of Justice and equity."
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4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the application I.A.3/2025 along with Joint Affidavit all dated 24.07.2025.
(ii) The proceedings arising out of Crime No.110/2025 of 1st respondent - Police registered for the offences punishable under Sections 109, 140(3) and 190 of BNS, 2023 pending on the file of V Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.