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2025 Supreme(Online)(Kar) 13134

KARNATAKA HIGH COURT
Judge, J
ADIL – Appellant
Versus
Kalasipalya Police – Respondent
Writ Petition | Crime No.0122/2025



Advocates:
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified

Mutual consent and amicable resolution of disputes are valid grounds for quashing criminal proceedings.

Headnote:(A) Bharatiya Nyaya Sanhita (BNS), 2023 - Sections 109(1), 137(2), 351(2), 190 - Writ of Certiorari sought to quash F.I.R and proceedings in Crime No.0122/2025 - Parties reached amicable settlement, leading to withdrawal of complaints and agreement to quash proceedings. (Paras 2-4)

(B) Compounding of offences - Joint Memo submitted by parties, confirming settlement and request for quashing of proceedings - Court emphasized the importance of amicable resolution and maintaining cordial relations. (Paras 2-6)

Facts of the case:
Petitioners sought to quash criminal proceedings against them based on a settlement with the complainant, asserting no coercion or undue influence in the agreement.

Findings of Court:
The proceedings in Crime No.122/2025 were quashed based on the Joint Memo and the parties' agreement to withdraw allegations against each other.

Issues: The main issue was whether the court should quash the proceedings based on the amicable settlement between the parties.

Ratio Decidendi: The court held that mutual consent and amicable resolution of disputes are valid grounds for quashing criminal proceedings, promoting justice and equity.

Result: Petition allowed, and the proceedings quashed.

Table of Content
1. petitioners seek to quash f.i.r based on an amicable settlement. (Para 2)
2. petitioners are in judicial custody and seek immediate release. (Para 3)
3. court quashes proceedings based on joint memo and settlement. (Para 4)
4. court issues order for immediate release of petitioners. (Para 5)

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ a) Issue a Writ of Certiorari or any other writ or order seeking to quash the F.I.R dated:09.06.2025, in Crime No.0122/2025, registered by Respondent Kalasipalya Police, Bengaluru, for the offences punishable under Section 109(1) , 137(2) , 351(2) and 190 of Bharatiya Nyaya Sanhita ( BNS ), 2023, pending on the file of Learned 5th Addl.CMM.Court, Bangalore City., vide Annexure-A.

b) Issue a Writ of Certiorari or any other writ or order seeking to quash the entire proceedings in Crime No.122/2025, initiated by Learned 5th Addl.CMM Court, Bangalore, for the offences punishable under Section 109(10 , 137(2) , 351(2) and 190 of Bharatiya Nyaya Sanhita ( BNS ), 2023, registered by Respondent Kalasipalya Police, Bengaluru, in Crime No.0122/2025., vide ANNEXURE-C.

c) Pass such other order/s as this Hon’ble court deem fit under the facts and circumstances of the case, in the interest of justice and equity.”

2. Learned counsel for the petitioners has filed an application I.A.No.1/2025 accompanied by a Joint Memo reporting amicable settlement of the dispute between the petitioners and respondent No.2 and for compounding the alleged offences. The said Joint Memo reads as under:

JOINT MEMO

We, the undersigned:

“ 1. ADIL, s/o Mohammed Zakaulla, Aged about 34 years, R/at #301.3RD Floor, 16 Pallavi Apartment, Shampura Main Road, Indeerjith Layout, Behind Ambedkar Medical College, Arabic College, Bangalore - 45, hereinafter referred to as the PETITIONER NO.1;

2. MIR LIYAQATH ALI, S/O Meer Ahmed Ali, Aged about 34 years, r/No.81, 5TH Cross, Devegowda Road, Thimmaiah Garden, R.T. Nagar, Bangalore North, Bengaluru - 560 032, hereinafter referred to as PETITIONER NO.2;

3. SYED ZAKIR AHMED, S/o Syed Rafiq Ahmed, Aged about 34 R/at No.9, 4TH Main, B.M. Layout, Venkatesh Puram, Ba North, Bengaluru, hereinafter referred to as the PETITIONE

4. SYED ROSHAN, S/O Syed Khaleem, Aged about 25 years. No.46, 10TH 'A' Main Road, 4TH Cross, 4TH Block, HBR Layout Nagar, Bangalore, hereinafter referred to as RESPONDENT NO.2;

Do hereby solemnly affirm and state as follows:.

1. I, ADIL, the Petitioner No. 1, 1, MIR LIYAQATH ALI, the Petitioner No.2. I, YED ZAKIR AHMED, the Petitioner No.3 in the above case, and I, SYED ROSHAN, the Respondent No.2 in the above case, do hereby state and affirm that we are fully conversant with the facts of the case, and we are swearing to this affidavit on our own behalf.

2. We state that, based on the settlement arrived between us, the Petitioner has filed the present application under Section 359 read with Section 528 of BNSS, 2023, seeking for compounding of the alleged offences.

3. We state that, upon the advice and intervention of elders, well-wishers, and mutual friends, the parties to the dispute have held deliberations and arrived at an amicable compromise and settlement with respect to subject matter of complaint, without any coercion, inducement or undue influence.

4. We state that the Petitioners, Respondent No.2, and Victims have resolved all their differences and decided not to pursue the complaint or any other legal proceedings against each other in connection with the said incident. The Respondent No.2 and Victim have agreed to withdraw all the allegations alleged in the present case.

5. We state that the Respondent No.2 and the Victims have no objection to the quashing of the criminal proceedings initiated against the Petitioners, in the interest of justice and maintaining cordial relations.

6. We state that this Joint Affidavit is executed voluntarily by all the parties place the true facts before the Hon'ble Court and to request the Hon'ble Court to ta

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