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2025 Supreme(Online)(Kar) 22103
KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
SUSHRUTHA VISHRANTHI DHAMA LIMITED – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 9183 OF 2025
For the Appellants/Petitioners: SMT. ANUSHA B. REDDY
For the Respondents: SRI. M.R.PATIL, SRI. D.V.SHASHANK
Compounding of offences is permissible when parties amicably resolve disputes, leading to the quashing of FIRs.
Headnote:(A) Bharatiya Nyaya Sanhitha, 2023 - Section 106(1) - Quashing of FIR - Petition filed to quash the FIR for an offence under the Bharatiya Nyaya Sanhitha - Parties reached a settlement, and complainant accepted compensation for the housing loan liability. (Paras 2, 3, 4)
(B) Compounding of Offence - The court finds it appropriate to permit compounding of an offence where the parties have amicably resolved their dispute and the complainant expresses faith in the accused. (Paras 3, 4)
Facts of the case:
The petitioner seeks to quash the proceedings against him for an alleged offence under Section 106(1) of the Bharatiya Nyaya Sanhitha, following an amicable settlement with the complainant, who has accepted the compensation offered for a housing loan liability.
Findings of Court:
The court allowed the petition, quashing the proceedings in the criminal case against the petitioner due to the mutual settlement between parties.
Issues: Whether the FIR can be quashed based on the amicable settlement between the accused and the complainant?
Ratio Decidendi: The court held that if the parties amicably resolve their dispute, particularly where the complainant articulates trust in the accused, the proceeding can be quashed.
Result: The criminal petition is allowed and the proceedings quashed.
| Table of Content |
|---|
| 1. filing to quash fir for settlement. (Para 1) |
| 2. amicable resolved dispute leads to settlement. (Para 2) |
| 3. court allows compounding of offence. (Para 3) |
ORAL ORDER
The captioned petition is filed by the petitioner/accused seeking quashing of the proceedings pending in Crime No.0224/2025 of Kaggalipura Police Station, for the offence punishable under Sections 106(1) of the Bharatiya Nyaya Sanhitha , 2023 pending before the II Additional Chief Judicial Magistrate Court, Bengaluru Rural District, Bengaluru.
2. Today, an application duly signed by the petitioner/accused and respondent No.2/complainant has been filed before this Court. The said application, supported by a joint memo, records that the parties have amicably resolved their dispute. As per the terms of settlement, the petitioner/accused has undertaken to pay a sum of Rs.19,55,000/- (Rupees Nineteen Lakhs Fifty- Five Thousand only) by way of cheque towards the housing loan liability of respondent No.2, who is the wife of the deceased.
3. Learned counsel for respondent No.2, as well as respondent No.2 herself, have expressed complete faith in the petitioner/accused and have voluntarily accepted the cheque with the hope and expectation that it will be duly honoured. Since respondent No.2 has willingly accepted the settlement and has requested that the dispute be brought to a quietus, this Court finds it appropriate to permit compounding of the offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023. Accordingly, the joint memo is taken on record, and I.A.No.2/2025 is allowed.
