Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 15933

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI GURUPRASAD H D SON OF DHANANJAYA, SRI. HANUMAGOUDA SON OF APPARAYA, SRI. ARJUN.N.KAMBALE, SRI. PRASANNA.V.V – Appellant
Versus
STATE OF KARNATAKA BY ATTIBELE POLICE STATION, SRI. AFROZ KHAN SON OF NASEEMU KHAN – Respondent
CRIMINAL PETITION NO. 7277 OF 2025 | CRIMINAL PETITION NO. 6965 OF 2025

Advocates:
For the Appellants/Petitioners: SRI. MADHUKAR DESHPANDE, SRI. NAGARAJU L.
For the Respondents: SRI. JAGADEESHA.B.N, SRI. MADHUKAR DESHPANDE

Mutual consent and absence of injury allow for quashing FIRs in criminal proceedings among police officials.

Headnote:(A) Bharatiya Nyaya Sanhita Act, 2023 - Sections 115(1), 115(2), 132, 137(1), 189(1), 190, 351(2), 352 - Quashing of FIRs - Petitioners sought to quash FIRs against each other arising from police duties, citing a settlement and withdrawal of complaints due to mutual understanding and absence of injury. - Joint applications under Section 529 of BNSS were filed by both parties indicating non-interest in pursuing complaints. (Paras 1-8)

(B) Compromise - The court recognized the importance of resolving disputes amicably among police officials involved in the case, emphasizing the significance of mutual agreement in criminal proceedings. (Para 4)

Facts of the case:
The FIRs were registered against police officials in relation to their duties; both parties realized the futility of the cases and opted for a settlement.

Findings of Court:
The FIRs and complaints were quashed based on the mutual agreement of the parties involved.

Issues: The main issue was whether the FIRs could be quashed based on a compromise between the parties.

Ratio Decidendi: The court held that mutual consent and absence of injury justified the quashing of the FIRs.

Result: Petitions disposed of and FIRs quashed.

Table of Content
1. petitioners seek to quash firs against each other. (Para 2 , 3)
2. joint application indicates mutual agreement to withdraw complaints. (Para 4)

ORAL ORDER

In Crl.P.No.7277/2025, petitioners have sought for the following reliefs:

(i) Quash the FIR dated 01.05.2025 in Crime No.151/2025 registered by the Respondent No.1 l.e., Attibele Police Station for the offences punishable under 115(2), 137(1), 189(1), 190, 351(2) and 352 of Bharatiya Nyaya Sanhita Act , 2023 (Annexure-A) pending on the file of III Addl.Civil Judge and JMFC, Anekal, Bangalore Rural District in the interest of justice.

(ii) Quash the complaint dated 01.05.2025 lodged by the Respondent No.2 before the Respondent No.1 (Annexure-B) in the interest of justice.

(iii) Pass any other order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the ends of justice.

In Crl.P.No.6965/2025, petitioners have sought for the following relief:-

WHEREFORE, the petitioners humbly prays that this Hon’ble Court be pleased to quash the FIR and complaint in Crime No.152/2025 registered by the Attibele Police station, Bengaluru Rural District for offences punishable under Section 115(1), 132 and 352 of Barathiya Nyaya Sanhita- 2023, pending on the file of 3^rd Addl.Civil Judge & JMFC, Anekal, Bengaluru Rural District, in the interest of justice”.

2. The material on record discloses that the petitioners and complainant in both the petitions are police officials and a case and counter case have been registered by the 1^st respondent – Police in Crime No.151/2025 and Crime No.152/2025 respectively.

3. Learned counsel for the respective petitioners and learned counsel for the respective complainant in both the petitions have filed Joint Applications under Section 529 of BNSS, 2023, both dated 20.06.2026 duly signed by them and their respective counsel and the same is taken on record.

4. Petitioners and complainant in both the petitions and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Application, which reads as under:-

“JOINT APPLICATION FILED BY THE PETITIONERS IN BOTH THE PETITIONS UNDER SECTION 529 OF BNSS ACT, 2023;

The above named Petitioners submits as under

1. The Petitioners in Criminal Petition No.6965/2025 have challenged the complaint dated 02.05.2025 submitted by the Respondent No.2 and FIR in Crime No.152/2025, registered by the Respondent No.1 i.e., Attibele Police Station for the offences punishable under Section 115(1), 132 and 352 of Bharati Nyaya Sanhita Act, 2023. The Respondent No.2 in Crimi Petition No.6965/2025 is the complainant in Crime No.152/2025.

2. The Petitioners in Criminal Petition No.7277/2025 have challenged the complaint dated 01.05.2025 submitted by the Respondent No.2 and FIR in Crime No.151/2025 registered by the Respondent No.1 i.e., Attibele Police Station for the offences punishable under Section 115(2), 137(1), 109(1), 190, 351(2) and 352 of Bharatiya Nyaya Sanhita Act , 2023. The Respondent No.2 in Criminal Petition No.7277/2025 is the complainant in Crime No.151/2025.

3. The Petitioner No.1 in Criminal Petition No. 6965/2025 and the Petitioners in Criminal Petition No. 7277/2025 are working with the police department. While discharging their duties, certain events have taken place, which lead to filing of the complaint a registration of two FIR in Crime No.151/2025 registered by Respondent No.1 le., Attibele Police Station for the offer punishable under Section 115(2), 137(1), 189(1), 190, 35 and 352 of Bharatiya Nyaya Sanhita Act , 2023 and FIR in No.152/2025 registered by the Respondent No.1 i.e., Police Station for the offences punishable under Section 115(1),132 and 352 of Bharatiya Nyaya Sanhita Act , 2023.

4. After registration of FIR in Crime No.151/20 01.05.2025 and FIR in Crime No.152/2025 dated Accused No.5 in Crime No.151/2025 namely Sri. Suresh, Police Constable, Govindarajanagar Police Station, passed away on 17.05.2

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