IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6088 OF 2025 (GM-RES)

BETWEEN:

MR. ANJINAPPA T L S/O LAKSHMANA AGED ABOUT 42 YEARS, R/AT TURIKESHAVALLI, CHAKAVELU POST, BAGEPALLI TALUK, CHIKKABALLAPURA- 563 124 WORKING AS CHC-173, CHELUR CIRCLE, CHELUR, CHIKKABALLAPURA- 562 101 …PETITIONER (BY SRI. RAJESHA SHETTIGAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA CHELUR POLICE STATION, Digitally signed by CHIKKABALLAPURA, VANAMALA REPRESENTED BY SPP N Location: HIGH COURT OF KARNATAKA, HIGH BANGALORE-560001 COURT OF KARNATAKA

2. MR. NAVEEN PRADEEP S/O LATE ANANDAPPA, AGED ABOUT 38 YEARS, R/AT RAYADURGA TALUK, ANANTHAPURA DISTRICT -515 865 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1;

SRI. PRABHATH A.P., ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO. 93/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 318(4) AND 3(5) OF BNS, 2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC AT BAGEPALLI AS AGAINST THE PETITIONER (ACCUSED NO. 8) REGISTERED BY THE R1 POLICE VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“ Quash the FIR in Crime No.93/2024 for the offences punishable under Section 318(4) and 3(5) of BNS, 2023 pending on the file of the Civil Judge and JMFC at Bagepalli as against the petitioner (Accused No.8) registered by the 1^st respondent police vide ANNEXURE-A.”

2. Learned counsel for the petitioner – accused No.8 and learned counsel for 2^nd respondent – complainant have filed a Joint Application under Section 482 read with 320 of Cr.P.C (359 of BNSS, 2023) duly signed by the petitioner, 2^nd respondent and their respective counsel and the same is taken on record.

3. Petitioner - accused No.8 and 2^nd respondent are physically present before the Court and they admit the contents of the Joint Application, which reads as under:-

“1. It is submitted that the second respondent filed complaint before jurisdictional police station i.e. Chelur Police Station for the offences punishable under Section 318(4) and 3(5) of BNS, 2023 complaining about the cheating committed by the Accused No.1 to 3.

2. It is submitted that, the 1st respondent police have registered FIR in Crime No. 93/2024 for the offences punishable under Section 318(4) and 3(5) of BNS, 2023 as against the 3 Accused persons. During investigation the first respondent police have arrayed the petitioner as Accused No.8. Being aggrieved by the action of 1st respondent police, the petitioner prefers the above petition to quash the FIR in Crime No. 93/2024 pending on the file of Civil Judge and JMFC at Bagepalli, Chikkaballapura.

3. It is submitted that in the said FIR and complaint the 2nd respondent has not made any allegation against the petitioner (Accused No.8). The petitioner is not committed any offence as alleged in the FIR, compliant and remand application. The petitioner is a police man and working in Chelur Police Station and the petitioner is no way connected with the alleged offences as stated in the FIR, complaint and remand application.

4. The petitioner is arrayed as Accused No.8 only on the ground that the petitioner has not intimated about the incident to his higher officials after coming in contact with the complainant, but the petitioner was not aware of the incident narrated in the complaint. The matter of fact is that the petitioner only helped the complainant to lodge compliant before 1st respondent police against the Accused persons. There is no allegations as against the petitioner in the compliant nor in the FIR or in the Remand Application.

5. It is submitted that during pendency of above petition the petitioner and respondent no. 2 amicably settled the dispute between them and the respondent No.2/complainant decided wi