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2025 Supreme(Online)(KAR) 3283

HIGH COURT OF KARNATAKA
MR JUSTICE S.R.KRISHNA KUMAR, J
SRI MADHUSUDHAN K G – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 1574 of 2025



Petitioner Advocates:AMAR CORREA ,Respondent Advocate:

The court quashed the FIR based on an amicable settlement between the parties, emphasizing the importance of resolving disputes without pursuing criminal proceedings.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 64(2)(m), 69, 77, 78, 115(2), 351(2), and 352 - Quashing of FIR - Petitioners sought to quash FIR and complaint for various offences under the Bharatiya Nyaya Sanhita, 2023, based on a joint affidavit indicating a settlement between parties - The court noted the amicable resolution of disputes and the intention of the complainant not to pursue the matter further. (Paras 1-9)

(B) Judicial Custody - The petitioner in one of the petitions was in judicial custody, and the court acknowledged the settlement reached while he was in custody. (Paras 5-6)

Facts of the case:
The petitioners, accused in a criminal case, filed petitions to quash the FIR based on a joint affidavit indicating a settlement of disputes with the complainant, who expressed no desire to pursue the case further.

Findings of Court:
The court allowed the petitions, quashed the FIR, and directed the immediate release of the petitioner in judicial custody.

Issues: The main issue was whether the FIR could be quashed based on the settlement between the parties.

Ratio Decidendi: The court held that the amicable settlement between the parties warranted the quashing of the FIR, emphasizing the importance of resolving disputes amicably.

Result: Crl.P.Nos.1574/2025 and 2304/2025 are allowed and disposed of in terms of the Joint Affidavit.

ORAL ORDER

In Crl.P.No.1574/2025, petitioner has sought for the following reliefs:-

“ i. Quash the FIR and Complaint dated 02.01.2025 in Crime No.1/2025 (of the Respondent No.1-Police) for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita , 2023, pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, as against the petitioner who is accused No.1, vide Annexure-A and B, and ;

ii. Pass any other orders that this Hon’ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity.”

2. In Crl.P.No.2304/2025, petitioners have sought for the following reliefs:-

“ i. Quash the FIR and Complaint dated 02.01.2025 in Crime No.1/2025 (of the Respondent No.1-Police) for the offences punishable under Sections 64(2)(m), 69, 77, 78, 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita , 2023, pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, as against the petitioners who are accused Nos.2 to 7, vide Annexure-A and B, and ;

ii. Pass any other orders that this Hon’ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity.”

3. The petitioner in Crl.P.1574/2025 is in judicial custody. Learned counsel for the petitioners – accused Nos.2 to 7 in Crl.P.No.2304/2025 and accused No.1 in Crl.P.No.1574/2025 and respondent No.2- complainant have filed a Joint Affidavit duly signed by petitioners – accused Nos.2 to 7, their counsel and respondent No.2-complainant and the same is taken on record.

4. The petitioners – accused Nos.2 to 7 in Crl.P.No.2304/2025, their counsel, counsel for the petitioner- accused No.1 in Crl.P.No.1574/2025 and respondent No.2- complainant are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-

JOINT AFFIDAVIT

“We, 1. Gajendra K.R.,S/o. Ramanna, Aged about 63 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru – 562123. 2. Meenakshi K.S., W/o. Gajendra K.R., Aged About 55 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru – 562123. 3. Prabhavathi K.S., W/o. Gajendra K.R., Aged about 55 years, R/at: No.5105, Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru – 562123, 4. Raghavendra K.G., S/o. Gajendra K.R., Aged about 32 years, R/at: No. Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru – 562123, 5. Annapoorna K.G., D/o. Gajendra K.R., Aged about 32 years R/at: No. Kauvery Road, Vijayanagara, Nelamangala, Bengaluru Rural District, Bengaluru – 562123, 6. Janaki A., D/o. Anjinappa, Aged about 40 years, R/at: No. Nelamangala Taluk, Mandigere, Bengaluru Rural District, Bengaluru – 562123, 7. Sruthi N.R., D/o. Raju, Aged about 30 years R/at: Yalamma nagara, Weavers colony, Nelamangala Town, Bengaluru Rural District, Bengaluru – 562123, do hereby solemnly affirm and state on oath as follows:

1. We submit that, we the Deponent Nos. 1 to 6 to this affidavit are the Petitioners in Crl.Pet.No.2304/2025 and I the Deponent No.7 to this affidavit is the Respondent No.2 in both the Petitions and hence, we know the facts and circumstances of this case and hence are swearing to this affidavit.

2. We, the Deponent No.1 to 6 further depose that, as the Petitioner in Crl.P.No.1574/2025, who is the Accused No.1 in the case is presently in judicial custody, we depose that the Deponent No.5 has been authorised to swear to the contents of this affidavit on behalf of Petitioner in Crl.P.No.1574/2025.

3. We submit that, we have settled and compromised the disputes between us the Deponent No.1 to 7 and also the Petitioner in Crl.P.No.15/2025, amicably in the given facts and circumstances of this case, and hence we are jointly swearing the contents of this Joint Affidavit.

4. I the Deponent No.7 submit that based on the complaint filed by me, the Respondent No.1 Police have re

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