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2025 Supreme(Online)(Kar) 22242

KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
NUMAN ZAHOOR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 12692 OF 2025



Advocates:
For the Appellants/Petitioners:SRI. LETHIF B, ADVOCATE
For the Respondents:SRI. M.R. PATIL, HCGP FOR R1, SRI. VIKRAM H.BHAT, ADVOCATE FOR R2

Court may quash FIR when no injury is sustained and parties wish to compound, thus preventing abuse of process.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 115(2), 118(1), 126(2), and Sections 3(5) - Criminal proceedings for offences cause abuse of process when allegations withdrawn by complainant citing lack of injuries due to incident - Court exercises inherent jurisdiction to quash FIR for ensuring justice. (Paras 2, 4, 5, 7)

(B) Inherent Jurisdiction - Continuation of criminal proceedings deemed an abuse of process when allegations have been amicably settled without intent to harm, and where no injury sustained by complainant; ensuring ends of justice through compounding of offences is upheld by the court. (Paras 3, 6, 7)

Facts of the case:
The FIR, alleging offenses under the BNS, was lodged post an incident by the complainant who later confirmed no injuries occurred and expressed desire to withdraw the complaint for maintaining peace.

Findings of Court:
The Court noted the allegations were made in haste, and given the nature of injuries and young age of petitioners, quashing the proceedings was warranted to prevent misuse of law while protecting the petitioners' future.

Issues: Whether the compounding of offences is appropriate when neither the complainant nor any injury has been suffered.

Ratio Decidendi: The court clarified that when no injury is sustained and parties wish to compound, the proceedings can be quashed to prevent abuse of the judicial process.

Result: Criminal Petition allowed.

Table of Content
1. no injuries sustained (Para 1 , 2)
2. complainant's intent to withdraw allegations (Para 3 , 4)
3. court's jurisdiction to quash the proceedings (Para 5 , 6)
4. final order to quash criminal proceedings (Para 7)

ORAL ORDER

This petition is filed seeking to quash the proceedings pending in Crime No.184/2025 on the file of 1st Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sections 115 (2), 118(1), 126(2), Sections 3 (5) of BNS , 2023.

2. Today, an application supported by affidavits has been filed jointly by the accused as well as the second respondent-complainant. In his affidavit, the complainant has specifically stated that all the accused are his childhood friends and though an incident was alleged to have occurred on 05.07.2025, the same took place without any intention or motive. He has further clarified that the complaint was lodged in haste, without understanding its consequences. At paragraph No.5 of the affidavit, the complainant has categorically affirmed that he did not suffer any injuries in the alleged incident and, with a view to maintain cordial and harmonious relations with the accused, he wishes to withdraw the allegations made in the complaint and give a quietus to the dispute.

3. This Court has personally queried the second respondent-complainant, who has appeared and submitted that he has not sustained any injuries, much less any bleeding injury, in the alleged incident. He has further reiterated that in view of the settlement, he intends to withdraw all allegations made in the complaint.

4. Though the FIR was registered for the offence punishable under Section 118 (1) of the Bharatiya Nyaya Sanhita , 2023, the complainant has admitted that he has not sustained any bleeding injury. In such circumstances, the offence punishable under Section 115 (2) of the BNS being compoundable, the parties are permitted to compound the said offence.

5. Having regard to the categorical statement of the complainant that he has not sustained any bleeding injury and that no weapons were in fact used in the alleged occurrence, this Court is of the opinion that continuation of the criminal proceedings would amount to abuse of process of law. To secure the ends of justice, this Court deems it appropriate to exercise its inherent jurisdiction under Section 482 of Cr.P.C. to quash the proceedings.

6. This Court has also kept in view the fact that the petitioners/accused Nos.1 to 3 are young college-going students. Bearing in mind their age and future prospects, this Court is of the further opinion that permitting the parties to compound the offences and put an end to the criminal proceedings would meet the ends of justice.

7. For the foregoing reasons, this Court proceeds to pass the following:

ORDER

(i) The Criminal Petition is allowed;

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