IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.15126 OF 2025

BETWEEN: SRI RAHUL

S/O RAJAKUMAR HADPAD

AGED ABOUT 26 YEARS

R/AT 6^TH CROSS, BANGARAPPA NAGAR

RAJARAJESHWARI NAGAR

BENGALURU – 560 098

PERMANENT RESIDENT OF

NO.14-39/36 KANAKA NAGAR,

SULEPET, CHINCHOLI,

SULTANPET, GULBARGA – 585 324

…PETITIONER

(BY SRI. ARAVIND SHIVANAGOWDA BIRADAR, ADVOCATE)

Digitally AND:

signed by

LAKSHMI T

Location: 1. THE STATE OF KARNATAKA

High Court

of Karnataka BY THE POLICE OF

RAJARAJESHWARI NAGAR P.S.,

BENGALURU,

REPRESENTED BY

SPP HIGH COURT OF KARNATAKA

BENGALURU – 560 001

2. DARSHAN C D

S/O DINESH H K

AGED ABOUT 21 YEARS

R/AT 6^TH CROSS,

BANGARAPPA NAGAR

RAJARAJESHWARI NAGAR BENGALURU – 560 098 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;

SRI. PAWAN KUMAR YARAGANAVI, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN S.C.NO.1224/2025 (CRIME NO.6/2025) VIDE ANNEXURE-D PENDING ON THE FILE OF THE HON’BLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-64), FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 109 AND 352 OF B.N.S IN THE INTEREST OF EQUITY AND JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

This petition under Section 528 of BNSS, 2023 is preferred by the accused in Crime No.6/2025 of Rajarajeshwari Nagar Police Station, Bengaluru City, registered for an offence punishable under Section 109 of BNS, 2023, to quash the entire proceedings.

2. Chargesheet is filed for the offence punishable under Section 109 and 352 of BNS, 2023. Case is pending on the file of the Court of LXIII Additional City Civil and Sessions Judge at Bengaluru (CCH-64) in S.C.No.1224/2025.

3. An application is filed under Section 528 of BNSS, 2023 for compounding the offence.

4. It is stated that the petitioner and respondent No.2/defacto complainant/victim have settled all their disputes amicably and in view of the settlement so arrived, respondent No.2 is not interested to continue the case registered against the petitioner.

5. Material on record reveals that, petitioner/accused No.1 and respondent No.2/defacto complainant are known to each other and they are working in the same salon. Due to some personal differences, on 11.01.2025 at about 9 p.m., accused is alleged to have picked up quarrel with the complainant, abused him in filthy language and made an attempt on his life by stabbing him with a beer bottle on his abdomen.

6. The chargesheet is filed for the offence under Section 109 and 352 of BNS, 2023. The offence alleged under 109 of BNS, 2023 is a non-compoundable offence. It falls in the category of heinous and serious offence and generally to be treated as crime against the Society.

7. In Narinder Singh and others v. State of Punjab and another reported in (2014) 6 SCC 466, it is held by the Hon’ble Apex Court that when the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any Court.

8. In the said judgment, in certain circumstances, quashing of proceedings initiated under Section 307 IPC has been approved when the parties have reached the settlement. The Court has to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. It is relevant to extract para 29.6 and 29.7 of the said judgment.

“29.6. Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is