Karnataka High Court
Mr. John Bosco vs State By Banaswadi Police Station on 25 November, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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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,
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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)
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
