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2025 Supreme(Online)(Kar) 13050
KARNATAKA HIGH COURT
, J
DINESH HT – Appellant
Versus
STATE OF KARNATAKA – Respondent
Criminal Petition | Crime No.85/2025
For the Appellant: [Not specified]
For the Respondent: [Not specified]
Court allows quashing of FIR based on amicable settlement between parties, emphasizing the importance of consent in compoundable offences.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 132, 352, 351(2), 351(3) r/w 3(5) - SC/ST (POA) Amendment Act - Sections 3(1)(r)(s), 3(2)(5a) - Quashing of FIR - Petition allowed due to amicable settlement between parties; complainant has no objection to quashing. (Paras 1, 3, 4)
(B) Compoundable offences - The court recognized that offences under certain sections are compoundable, and the complainant's consent for quashing is essential for the proceedings to be dismissed. (Paras 3, 4)
Facts of the case:
The petitioner seeks to quash an FIR for various offences, stating that the dispute has been amicably settled with the complainant's consent.
Findings of Court:
The court found that the parties had resolved their issues and that it was just to permit the quashing of the FIR.
Issues: Whether the FIR can be quashed due to an amicable settlement between the parties.
Ratio Decidendi: The court ruled that the settlement between the petitioner and complainant justified quashing the FIR, emphasizing the importance of the complainant's consent in compoundable offences.
Result: Petition allowed; FIR quashed.
| Table of Content |
|---|
| 1. petitioner seeks to quash fir based on settlement. (Para 2 , 3) |
| 2. court acknowledges the settlement and quashes fir. (Para 4) |
ORAL ORDER
In this petition, petitioner seeks for the following relief:-
“Wherefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to allow the petition and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offence punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Sections 3(1)(r)(s) of SC/ST (POA) Amendment Act , pending on the file of Addl. District & Sessions Court, Hassan, in the interest of justice.”
2. Learned counsel for the petitioner – accused No.2 and learned counsel for 2nd respondent – complainant have filed an application under Section 528 r/w Section 359(2) of BNSS , 2023 dated 10.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioner – accused No.2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application, which reads as under:-
“APPLICATION UNDER SECTION 528 OF READ WITHSECTION 359(2) OF Bharatiya Nagarik Suraksha Sanhita
The Petitioner and Respondent No.2 respectfully submits as follows:
1. It is submitted that in the above criminal petition, the petitioner is seeking for quashing the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offences punishable under section 132, 352, 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act , pending on the file of Addl.
District & Sessions Court, Hassan.
2. It is submitted in the above case the respondent no.2/complainant filed complaint against the Petitioner and the same is registered in 85/2025 of Hassan Extension Police Station for the offences punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act . The respondent no.2 herein is the complainant, aggrieved person and competent to compound the offences alleged.
3. It is submitted that, the petitioner is the senior colleague of the 2nd respondent and the dispute between them are settled amicably within themselves with the intervention of well- wishers and the Respondent No.2 has no objection to quash the proceedings against the Petitioner. In view of the compromise arrived between the parties, respondent no.2 has no objection to quash the entire proceedings against the petitioner for the aforesaid offences.
4. It is submitted that offence under Section 352 , 351(2), 351(3) of BNS are compoundable in nature. Though the offence under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS are compoundable in nature. Though the offence under section 132, 3(1)(r)(s), 3(2)(5a) are non-compoundable in nature but respondent no.2 is not having any objection for quashing the entire proceedings against the petitioner since the dispute between them are settled amicably within themselves with the intervention of well-wishers. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioner and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offences punishable under sections 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(s), 3(2)(5a) of SC/ST (POA) Amendment Act , pending on the file of Addl. District and Sessions Court, Hassan otherwise the Petitioner will be put to irreparable injury and hardship.
Wherefore, it is prayed that this Hon’ble Court be pleased to permit the parties to compound the offences against the Petitioner and quash the FIR against the petitioner in Crime No.85/2025 of Hassan Extension Police Station for the offences punishable under section 132, 352, 351(2), 351(3) r/w 3(5) of BNS 2023 and Section 3(1)(r)(
