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2025 Supreme(Online)(KAR) 1138
HIGH COURT OF KARNATAKA
MR JUSTICE S.R.KRISHNA KUMAR, J
SRI VENKATARAMANA REDDY – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 1945 of 2025
Compromise between parties allowed quashing of FIR and charges under SC/ST Act as there was no objection from the complainants.
Headnote:(A) Bharatiya Nagarika Suraksha Sanhita, 2023 - Sections 359 and 528 - SC and ST Prevention of Atrocities Act - Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) - Petitioners sought to quash FIR and charges for various offences, alleging no evidence of commission of offences. (Paras 1-4)
(B) Compounding of offences - Parties entered into a compromise, with no objection from the complainants to quashing the proceedings. (Paras 2-5)
Facts of the case:
Petitioners filed a criminal petition seeking to quash FIR and charges against them for offences under the aforementioned sections, with a settlement reached between the parties.
Findings of Court:
The court allowed the petition and quashed the proceedings against the petitioners.
Issues: The primary issue was whether the charges against the petitioners could be quashed based on the compromise reached.
Ratio Decidendi: The court found that the compromise between the parties, with no objection from the complainants, justified quashing the proceedings.
Result: The petition is disposed of and the proceedings are quashed.
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
"(i) Allow this Criminal Petition.
(ii) Quash the FIR registered by the 1st Respondent- Vidhyaranyapura Police against the Petitioners herein for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE- A, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) IN Spl..C.No.2575/2024.
(iii) Quash the Complaint dated 10.10.2024 filed by the 2nd Respondent/Complainant for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE-B, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) in Spl.C.No.2575/2024.
(iv) Set aside the charge-sheet dated 05.12.2024 in CC No.2575/2024 filed by the 1st Respondent- Vidyaranyapura Police implicating the Petitioners for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE-C, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) in Spl.C.No.2575/2024.
(v) Quash the order of cognizance dated 13.12.2024 for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act passed by the learned LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) in Spl.C.No.2575/2024 the copy of which is produced as ANNEXURE-D to the Criminal Petition.
(vi) Issue order of any other incidental and consequential reliefs as deemed fit by this Hon'ble Court under the circumstances of the case and in aid of main relief sought for."
2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent Nos.2 and 3 have filed I.A.No.1/2025 seeking compounding of the offences against the petitioners, which is duly signed by the petitioners, respondent Nos.2 and 3 and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 to 3 and their counsel and counsel for respondent Nos.2 and 3 are physically present before the Court and they admit the contents mentioned in I.A.No.1/2025, which reads as under:-
"APPLICATION UNDER SECTION 359 OF THE Bharatiya Nagarika Suraksha Sanhita, 2023 READ WITH SECTION 528 OF THE Bharatiya Nagarika Suraksha Sanhita, 2023 The Petitioners and the Respondents No.2 and 3 most humbly submit as follows:
1. It is submitted that on the basis of the written complaint dated 10.10.2024 given by the 2nd Respondent, a case in Crime No.414/2024 is registered by the 1st Respondent, Vidyaranyapura Police for the offences punishable under Sections 329(2), 353, 351(2), 74(1), 133 of the Indian Penal Code read with Section 133, read with 3(5) of the Bharatiya Nagarika Suraksha Sanhita Act, 2023 read with Section 3(1)(r), 3(1)(w) (i) of the SC/ST Act, which culminated in filing of the chargesheet for the offences punishable under Sections 329(2), 353, 351(2), 74, 133, 126(2), 3 (5) of the Bharatiya Nyaya Sanhita Act, 2023 read with Section 3(1)(r), 3(1)(s), 3(2)(va) of the Prevention of Atrocity Act.
2. It is submitted that the 2nd respondent is implicated in Crime 408/2024 by Sri. Venkatesh Reddy on 06.10,2024 the uncle of the second petitioner the offences punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita and the second respondent has filed separate criminal petition seeking for quashing of the proceedings and in that petition an application i
