IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 14654 OF 2025 BETWEEN:

MR. HEMANTH KUMAR G. S., SON OF SHIVAKUMAR B. N., AGED ABOUT 23 YEARS RESIDING AT DB ROAD RENUKA NAGARA NELAMANGALA TOWN BENGALURU RURAL DISTRICT – 562 123.

…PETITIONER (BY SRI SHANKAR H. S., ADVOCATE)

AND:

Digitally signed 1. STATE OF KARNATAKA by SANJEEVINI J BY NELAMANGALA TOWN POLICE STATION KARISHETTY Location: High REP. BY STATE PUBLIC PROSECUTOR Court of HIGH COURT BUILDING Karnataka BENGALURU – 560 001.

2. MR. MOHAN KUMAR T., SON OF LATE THAYANNA AGED ABOUT 40 YEARS RESIDING AT NO.69, O.B.CHOODAHALLI, UDAYAPURA POST, KANAKAPURA MAIN ROAD BENGALURU – 560 082.

…RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;

SRI KRISHNA KUMAR K. K., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 528 BNNS PRAYING TO QUASH THE FIR IN CR.NO.197/2025 OF NELAMANGALA TOWN P.S., REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 316(2), 318(4), 336(2), 351(2), 352, 61(2) R/W 3(5) OF BNS PENDING ON THE FILE OF II ADDL.CIVIL JUDGE AND J.M.F.C NELAMANGALA.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner – accused No.3 is before this Court calling in question registration of a crime in Crime No.197/2025, pending before the II Additional Civil Judge and JMFC, Nelamangala, for the offences under Sections 316(2), 318(4), 336(2), 351(2), 352, 61(2) r/w. 3(5) of the BNS, 2023.

2. Heard Sri Shankar H.S., learned counsel appearing for the petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Krishna Kumar K.K., learned counsel appearing for respondent No.2.

3. Learned counsel for the petitioner and respondent No.2 would in unison submit that during the subsistence of these proceedings, the parties to the lis have entered into settlement amongst themselves by drawing up certain terms and conditions. The parties have filed an application under Sections 359 r/w. 528 of the BNSS, 2023 along with a joint affidavit before this Court to that effect.

4. The application reads as follows:

“4. It is submitted that the Respondent No.2/Complainant is a close relative of Accused Nos.1 and 2, and the dispute has arisen out of inter se family transactions relating to immovable property, development of sites and financial dealings.

5. It is further submitted that the entire dispute is civil, personal and family-oriented in nature and does not involve any element of criminality affecting society at large.

6. It is submitted that, with the intervention of elders, well-wishers and family members, the parties have amicably settled all their disputes and differences in a cordial manner.

7. The Respondent No.2 has categorically stated that he has no objection whatsoever for quashing the proceedings insofar as the Petitioner/Accused No.3 is concerned.

8. The settlement entered into between the parties is voluntary, lawful and without any coercion, undue influence, threat or compulsion.

9. It is submitted that the alleged offences, in the facts and circumstances of the present case, are not offences against the State or society at large, but are purely private in nature arising out of family and financial transactions. No public interest is involved.

10. It is submitted that continuation of the criminal proceedings against the Petitioner would serve no useful purpose and would amount to abuse of process of law.

11. It is further submitted that this Hon'ble Court, in exercise of its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be pleased to secure the ends of justice by quashing the proceedings.”

In the light of the afore-quoted application and the joint affidavit of the parties, I deem it appropriate to terminate the proceedings against the petitioner, as the dispute and the allegations are between the individuals and not against