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2025 Supreme(Online)(Kar) 17982
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SMT. SAVITHA G. – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 10545 OF 2025
For the Appellants/Petitioners: SRI. SIDDHARTH SUMAN
For the Respondents: SRI. CHANNAPPA ERAPPA, SRI. RISHAB TRAKROO
Court upheld the principle that FIR can be quashed upon mutual compromise between parties, emphasizing justice and resolution efficiency.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 316, 318, 351, 352, 190 - The petitioners sought to quash the FIR and complaint under various sections of the Bharatiya Nagarik Suraksha Sanhita, pending before the IV Additional Chief Magistrate. The offenses, as stated, were under dispute, and both parties agreed to a compromise, which led to the decision being made in court. As a result, the FIR was quashed due to the compromise reached between the parties involved. (Paras 1, 4)
(B) Compromise - The court recognized the inherent power to quash ongoing proceedings when a compromise is reached between parties, emphasizing the importance of justice and efficient resolution. (Paras 2, 3)
Facts of the case:
Petitioners and complainant resolved their dispute and agreed on quashing an FIR for multiple offenses, indicating mutual satisfaction and dismissal of allegations.
Findings of Court:
The court accepted the compromise and quashed the FIR as a course in the interest of justice.
Issues: The primary issue involved whether the compromise between the parties warranted the quashing of the FIR and ongoing proceedings.
Ratio Decidendi: The court held that continued prosecution contradicts the settlement agreement, providing grounds for quashing proceedings under the inherent powers it possesses.
Result: Petition disposed of; FIR quashed.
| Table of Content |
|---|
| 1. parties agreed on compromise to quash fir. (Para 1 , 2 , 3) |
| 2. court quashed fir based on compromise. (Para 4) |
ORAL ORDER
In this petition, the petitioners seek the following reliefs:
“A. Quash the FIR and complaint in Crime No.0266/2025 at Annexure A and A1, registered by Respondent No.1 Police for offences punishable under Sections 316 , 318(4), 351, 352 and 190 of the Bharatiya Nyaya Sanhita, 2023 which was pending before the IV Additional Chief Judicial Magistrate at Bengaluru and after the invocation of section 9 of KPIDFE act the file is now pending before the Hon’ble Principal City Civil and Sessions Judge at Bengaluru, in so far as the Petitioners above-
named are concerned;
B. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interests of justice and equity.”
2. Learned counsel for the petitioners – accused Nos.1 to
7 and learned counsel for 2nd respondent – complainant have filed I.A.No.2/2025 along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 to 7, respondent No.2 and their counsel are physically present before the Court and they admit the contents of I.A.No.2/2025 along with Joint Affidavit, which reads as under:-
APPLICATION UNDER SECTION 359 r/w 528 OF Bharatiya Nagarik Suraksha Sanhita , 2023 The Petitioners above-named and Respondent No. 2 submit as hereunder:
1. It is submitted that the present petition has been preferred by the Petitioner seeking to quash the FIR and Complaint in Crime No. 226/2025 for the offences punishable under Section 316 (2), 318(4), 351(2), 352, 190 of BNS against petitioners pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru. Subsequently, the Respondent police invoked the provisions of KPIDFE Act and thus, the matter is now pending before the Hon'ble Principal City Civil and Sessions Judge at Bengaluru
2. It is further submitted that the Petitioners herein have approached the Respondent No. 02 and both have agreed to amicably resolve all their disputes and compromise the dispute between them.
3. It is submitted that in view of the said compromise arrived at, the above offences registered against the Petitioners herein are within the ambit of this Hon'ble Court to exercise the inherent powers to compound the offences. The continuation of criminal proceedings against the Petitioners herein despite the compromise of all disputes between the parties would lead to grave miscarriage of justice.
WHEREFORE, the Petitioner above-named and the Respondent No. 2 prays before this Hon'ble Court to quash the FIR and Complaint in Crime No. 226/2025 for the offences punishable under Section 316 (2), 318(4), 351(2), 352, 190 of BNS against petitioners pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru (Now pending before the Hon'ble Principal City Civil and Sessions Judge at Bengaluru in view of invocation of the provisions of KPIDFE Act), in the interest of justice.
“JOINT AFFIDAVIT We, 1. Savitha G., wife of Ganesh M., Aged abote 50 years, residing at No.16, 1st Cross, Near BBMP Office-Lakshmi Nagara, Basaveshwaranagar, Bengaluru – 560 079.
2. Punith, son of K. Prakash, Aged about 27 years, residing No.46, 9th Main Road, Sunkadakatte, Srinivasanagar, Vishwaneedam, Bengaluru – 560091.
3. Satish K. R., son of Rajaram K.R., aged about 48 years, residing No.16, 1st Cross, Lakshmi Nagar, Basaveshwaranagar, Bengaluru – 560 020.
4. Lokesh, son of Nanjundaiah, Aged about 45 years, residing No.35, Nanjundeshwara Nitaya, 11th Cross, Muneshwaran Block, Laggere, Bengaluru – 560058.
5. V. Sridhar Murthy, son of M. Venkatesh Murthy, Aged about 46 years, residing at No.48, Sharada Nivasa, Near Canadian School, Muddahanumayya Layout, Bengaluru –
562123.
6. Kusuma M., wife of Late Sunil Trakroo, Aged about 50 years, residing at No.67, 3rd Cross, Kalidasa Layout, Sriniagara, Bengaluru –
