Karnataka High Court
Sanjaya E @ Rahul vs State By Banaswadi Ps on 25 November, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.15300 OF 2025 (482(Cr.PC) /
528(BNSS))
C/W
CRIMINAL PETITION NO.7082 OF 2025
CRIMINAL PETITION NO.15886 OF 2025
IN CRL.P No. 15300/2025
BETWEEN:
1. SANJAYA.E @ RAHUL
S/O LATE ELUMALAI,
AGED ABOUT 23 YEARS,
PRESENTLY R/AT NO.19, 3RD CROSS,
WILLIOMS TOWN, BENSON TOWN POST,
Digitally BENGALURU - 560046.
signed by
LAKSHMI T PERMANENTLY R/AT #269/1, 1ST MAIN,
Location:
High Court 1ST CROSS, 1ST MAIN ROAD, NEAR CHURCH,
of Karnataka
GANDHI VILLAGE,
BENGALURU NORTH,
BENSON TOWN, BENGALURU-560046.
2. RANJEET.C
S/O CHALUVARAJ.S,
AGED ABOUT 22 YEARS,
#43/18, 2ND FLOOR, 2ND CROSS,
PROMONADE ROAD,
SHIVACHATTE/ SIVAN CHETTY GARDEN,
-2-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
ULSOOR/ HALASURU LAKE,
BENGALURU CITY - 560042.
...PETITIONERS
(BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE)
AND:
1. STATE BY BANASWADI P.S
R/BY IT'S SPP OFFICE,
HIGH COURT COMPLEX,
BENGALURU - 560001.
2. SRI. PRABHAKAR REDDY
S/O SATHYAPPA REDDY,
AGED ABOUT 45 YEARS,
R/AT NO.1/111,
NEAR ANNAPOORNA TEMPLE,
V.S.T ROAD, LINGARAJAPURAM,
BENGALURU - 560084.
3. NARESH S/O LATE BABU,
AGED ABOUT 30 YEARS,
NO.2/20, SATHYAPPA COMPOUND,
VST ROAD, BEHIND VENUGOPALA
SWAMY TEMPLE,
LINGARAJAPURAM,
BENGALURU CITY - 560084.
...RESPONDENTS
(BY SRI. RAHUL RAI.K., HCGP FOR R1;
SRI. MUNENDRAPPA.B.N., ADV. FOR R2 & R3)
-3-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC
(FILED U/S 528 BNNS) PRAYING TO QUASH THE CRIMINAL
CASE REGISTERED AGAINST THE PETITIONERS IN
C.C.NO.52806/2025 (CR.NO.695/2024) PENDING BEFORE THE
11TH ADDL.C.M.M COURT MAYO HALL BENGALURU CITY FOR
THE OFFENCE P/U/S 109, 115(2), 118(1), 126(2), 352, 3(5) OF
BNS 2023 VIDE ANNEXURE-D IS REGISTERED BY THE
RESPONDENT NO.1 (BANASWADI P.S) IN SO FAR AS
PETITIONERS ARE CONCERNED BY ALLOWING THE PETITION
AND ETC.
IN CRL.P NO. 7082/2025
BETWEEN:
MR. JOHN BOSCO
S/O MICHEL MONOHAR,
AGED ABOUT 44 YEARS,
RESIDING AT # 52, BSA ROAD CROSS,
A.K.COLONY, NEAR PERIYAR NAGAR CIRCLE,
FRASER TOWN, BENGALURU - 560005.
...PETITIONER
(BY SRI. S.SHEHINSHA ALI, ADVOCATE)
AND:
1. STATE BY BANASWADI POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU - 560001
-4-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
2. SRI PRABHAKAR REDDY
S/O SATHYAPPA REDDY
AGED ABOUT 45 YEARS
R/AT 1/111, NEAR ANNAPURNA TEMPLE,
VST ROAD, LINGARAJAPURAM
BENGALURU - 560084
...RESPONDENTS
(BY SRI. RAHUL RAI.K., HCGP FOR R1;
SRI. MUNENDRAPPA.B.N., ADV. FOR R2)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE ANNEXURE-D ENTIRE
ORDER SHEET FILED AGAINST THE PETITIONER IN
C.C.NO.52806/2025 WITH CRIME NO.695/2024
REGISTERED AT BANASWADI POLICE STATION FOR
OFFENCE P/US/ 109, 115(2), 118(1), 126(2), 352, 3(5) OF
BNS IN THE CHARGE SHEET WHEREIN THE PETITIONER
HAS BEEN ARRAYED AS ACCUSED NO.4 PENDING BEFORE
THE HONBLE 11TH ACJM MAYO HALL BENGALURU.
IN CRL.P NO.15886/2025
BETWEEN:
NAVEEN KUMAR.R @ PUSSI,
S/O R. RAJA,
AGED ABOUT 33 YEARS,
R/A NO.24/1, 2ND CROSS,
GANASHANKRAPPA LAYOUT,
ARVINDA NAGAR,
BANGALORE-560084.
...PETITIONER
(BY SMT. NITHYA V., ADVOCATE)
-5-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
AND:
1. STATE BY BANASWADI P.S
R/BY ITS SPP OFFICE,
HIGH COURT COMPLEX,
BANGALORE-560001
2. NARESH,
S/O LATE BABU,
AGED ABOUT 30 YEARS,
NO.2/20, SATHYAPPACOMPUND,
VST ROAD, BEHIND VENUGOPALASWAMY TEMPLE,
LINGARAJAPURAM,
BANGALORE CITY-560084
...RESPONDENTS
(BY SRI. RAHUL RAI.K, HCGP FOR R1;
SRI. MUNENDRAPPA.B.N., ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNNS) PRAYING TO QUASH THE CRIMINAL CASE
REGISTERED AGAINST THE PETITIONERS IN CC
NO.52806/2025 (CRIME NO.695/2024) PENDING BEFORE
THE 11TH ADDL.CMM COURT, MAYOHALL BENGALURU CITY
FOR THE OFFENCES P/U/S 109, 115(2), 118(1), 16(2),
352, 3(5) OF BNS 2023 VIDE ANNEXURE-D IS REGISTERED
BY THE RESPONDENT NO.1 (BANASWADI POLICE
STATION) IN SO FAR AS PETITIONERS ARE CONCERNED
BY ALLOWING THE PETITION AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
-6-
NC: 2025:KHC:48880
CRL.P No. 15300 of 2025
C/W CRL.P No. 7082 of 2025
CRL.P No. 15886 of 2025
HC-KAR
ORAL ORDER
The proceedings in C.C.No.52806/2025 pending before the learned 11th Addl. CMM Court, Mayohall, Bengaluru City, registered for the offences punishable under Sections 109, 115(2), 118(1), 126(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS) 2023 (for short 'BNS, 2023'), are sought to be quashed in these petitions.
2. Charge sheet is filed against accused Nos.1 to 4 for the aforementioned offences. Crl.P.No.15300/2025 is preferred by accused Nos.1 and 2, Crl.P.No.7082/2025 is by accused No.4 and Crl.P.No.15886/2025 is filed by accused No.3.
3. Separate joint affidavits are filed, signed by the petitioners and respondent No.2/defacto complainant and respondent No.3/victim. The contents of the joint affidavits are one and the same. Para-1 to 4 of the joint affidavits are extracted hereunder:
1. It is submitted that both the petitioners and the respondent No.2 & 3 have settled the dispute -7- NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR amicably outside the Hon'ble Court due to intervention of elders, friends and well-wishers.
2. It is further submitted that the petitioners/Accused No.1 & 2 and the Respondent No.2 & 3 are the Friends known to each other and both of them have decided to withdraw the allegations against each other and they have decided to settle the above criminal case since the Respondent No.2 & 3 do not wish to continue the litigation.
3. It is further submitted that in view of the settlement between the parties respondent No.2 & 3 have no objection to quash the Proceedings in C.C.No.52806/2025 for the offences punishable under Section 109, 118(1), 126(2) & 3(5) of BNS, pending on the file of The XI Addl. CJM Court, Mayo hall, Bengaluru City.
4. It is further submitted that all of them have settled the above case without any influence or coercion etc., and after careful reading of this joint memo have affixed their signature.
Wherefore, it is respectfully prayed that this Hon'ble court may kindly be pleased to quash the Proceedings in C.C.No.52806/2025 for the offences punishable under Section 109, 118(1), 126(2) & 3(5) of BNS, 2023 pending on the file of The XI Addl. CJM -8- NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR Court, Mayo hall, Bengaluru City to meet the ends of justice.
Affidavits are placed on record.
4. It is submitted that petitioners, respondent Nos.2 and 3 have settled the dispute amicably due to intervention of elders, friends and well-wishers and therefore, respondent Nos.2 and 3 have no objection to quash the proceedings pending against the petitioners.
5. Learned High Court Government Pleader contends that the offences alleged are not compoundable in nature, wherein Section 109 of BNS, 2023 is also invoked and therefore, the proceedings cannot be quashed.
6. A perusal of the complaint averments reveal that the incident occurred during a village festival of deity patalamma in R.S.Palya, wherein it is alleged that at the time of distributing prasada, at about 2:45 a.m., on 29.09.2024, when the accused were shouting, the -9- NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR victim/respondent No.3 requested them not to shout and at that time, the accused picked up a quarrel with him and assaulted with hands and accused by name Rahul assaulted with a knife etc.
7. Respondent No.2/defacto complainant and respondent No.3/victim are present before the Court and submits that the matter has been settled amicably. They submit that parties are known to each other and therefore, they are not interested to proceed with the case further and they have no objection to quash the proceedings.
8. The Hon'ble Apex Court in the case of Naushey Ali & Ors. vs. State of U.P. & Anr. reported in 2025 LiveLaw (SC) 190, under similar circumstances, has considered the settlement between the parties and quashed the proceedings.
9. In the above judgment, the Hon'ble Apex Court has referred to the judgment in the case of Narinder Singh and Others vs. State of Punjab and Another
- 10 -
NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR reported in (2014) 6 SCC 466 and the judgment in the case of State of Madhya Pradesh vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688. Para-26 of the judgment of Narinder Singh (supra) is extracted hereunder.
"26. Having said so, we would hasten to add that though it is a serious offence as the accused person(s) attempted to take the life of another person/victim, at the same time the court cannot be oblivious to hard realities that many times whenever there is a quarrel between the parties leading to physical commotion and sustaining of injury by either or both the parties, there is a tendency to give it a slant of an offence under Section 307 IPC as well. ..."
10. In Laxmi Narayan and Others (supra) it is held that mere mention of Section 307 of IPC in the FIR or the charge-sheet should not be the basis for adopting a hands-off approach. It is further held that it would be open for the Court to examine as to whether incorporation of Section 307 of IPC is there for the sake of it or whether there is evidence to back it and the Courts may go by the
- 11 -
NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR nature of injuries sustained; as to whether the injuries are inflicted on the vital/delicate parts of the body and the nature of weapon used and such an exercise would be permissible after investigation and filing of charge-sheet or framing of charges or during trial.
11. As per the wound certificate, the injuries inflicted on the victim are stated to be grievous in nature. However, the injuries cannot be termed as life threatening injuries. The incident took place in a sudden quarrel during the distribution of prasada and no motive can be attributed on the petitioners to say that they had an intention to take away the life of the victim/respondent No.3. Hence, this Court is of the considered view that the ingredients of Section 109 of BNS, 2023 are not made out from the facts of the present case.
12. Having carefully perused the facts and circumstances of the case, the nature of injuries sustained by respondent No.3/victim and considering that the parties
- 12 -
NC: 2025:KHC:48880 CRL.P No. 15300 of 2025 C/W CRL.P No. 7082 of 2025 CRL.P No. 15886 of 2025 HC-KAR on their own volition without any coercion have willingly filed the joint affidavits, resolving the disputes, it is just and proper in the interest of justice to close the proceedings pending against the petitioners, to accord a quietus to the entire dispute.
13. In light of the above, the following:
ORDER
(i) Petitions are allowed, the entire proceedings in C.C.No.52806/2025 pending before the learned 11th Addl. CMM Court, Mayohall, Bengaluru City, are quashed.
(ii) Pending I.As do not survive for consideration.
Sd/-
(MOHAMMAD NAWAZ) JUDGE SMJ List No.: 1 Sl No.: 71