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2025 Supreme(Online)(Kar) 15169

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
MOHAN KUMAR M L – Appellant
Versus
STATE BY HOSADURGA P.S. – Respondent
CRIMINAL PETITION NO. 8604 OF 2025 (482(Cr.PC) / 528(BNSS)



Advocates:
For the Appellants/Petitioners: Sri. GOPALAKRISHNAMURTHY.C
For the Respondents: Sri. B.N. JAGADEESHA.ADDL.SPP, Sri. THYAGARAJ

The court may quash criminal proceedings when parties reach an amicable resolution, provided public interest is not compromised.

Headnote:(A) BNS Act, 2023 - Sections 353(1) and 353(2) - Quashing of FIR filed by Police - Petitioner seeks to quash proceedings pending against him; parties have amicably settled their disputes outside Court - Joint Affidavit submitted indicating no objection to quash proceedings - In view of settlement, the Court quashes the proceedings. (Para 4)

(B) Judicial intervention in criminal matters - Courts may quash proceedings when parties have reached a resolution - Emphasis on the importance of amicable settlements in criminal cases when no public interest is adversely affected. (Para 4)

Facts of the case:
The petitioner and respondent settled their dispute amicably, both submitting a Joint Affidavit indicating no desire to continue with the case.

Findings of Court:
In light of the amicable settlement, the Court decides to quash the pending proceedings as requested.

Issues: Whether the Court should intervene when parties reach a mutual resolution in criminal proceedings?

Ratio Decidendi: The court emphasizes that amicable settlements between parties are essential in criminal cases when public interest is not compromised.

Result: The petition is disposed of, and the proceedings quashed.

Table of Content
1. settlement of disputes between parties. (Para 1 , 2 , 3)
2. court quashed proceedings based on amicable resolution. (Para 4)

ORAL ORDER

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

“ a. Quash the FIR filed by the Respondent No. 1 [Hosadurga P.S] Police in Crime No.446/2024 Vide Annexure-A Dated: 07.10.2024 for the offences punishable under section 353(2) of BNS C.C.No.668/2025 for the offence punishable under section 353(1) & 353(2) of BNS pending on the file of Prl. Civil Judge & J Hosadurga, Chitradurga District as per Annexure-F. as against the petitioner herein, to serve the interest of justice.

b. To pass any such other orders as deems fit to this a Court as per the circumstances of the case to meet the justice.”

2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 25.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.

3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:-

JOINT AFFIDAVIT “ We, Mohankumar.M.L S/o Lokeshappa, Aged about 31 years, Mantenahalli (Jodi), Janthikolalu Village, Hosadurga Taluk, Chitradurga District-577554 Accused/Petitioner, Kubendra H. O., S/o H. S. Onkarappa, Aged about 30 years, R/o Hebballi Village, Hosadurga Taluk, Chitradurga De Facto District-577554 Complainant/Respondent No.2.

Both the Petitioner and Respondent No.2 respectfully submit as follows;

1. It is submitted that both the petitioner and the respondent No.2 have settled the dispute amicably outside the Hon'ble Court due to intervention of elders, friends and well-wishers.

2. It is further submitted that the petitioner and the Respondent No.2 are the Friends known to each other and both of them have decided to withdraw the allegations against each other and they have decided to settle the above criminal case since the Respondent No.2 does not wish to continue the litigation.

3. It is further submitted that in view of the settlement between the parties respondent No.2 has no objection to quash the Proceedings in C.C.No.668/2025 for the offences punishable Under Section 353(2) of BNS, pending on the file of The Prl. Civil Judge (Jr Dn) & JMFC at Hosadurga.

4. It is further submitted that both of them without any influence or coercion and after careful reading of this joint memo have affixed their signature.

Wherefore it is prayed that this Hon'ble court may kindly be pleased to quash the Proceedings in C.C.No.668/2025 for the offences punishable Under Section 353(2) of BNS, pending on the file of The Prl. Civil Judge (Jr Dn) & JMFC at Hosadurga, in the interest of justice.”

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 Joint Affidavit dated 25.06.2025.

(ii) The proceedings in C.C.No.668/2025 arising out of Crime No.446/2024 registered by the 1st respondent – Police for offences punishable under Sections 353(1) and 353(2) of BNS, 2023, pending on the file of Prl.Civil Judge and JMFC, Hosadurga, Chitradurga district, insofar as the petitioner is concerned are hereby quashed.

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