Citation : 2026 Latest Caselaw 1933 Kant
Judgement Date : 27 February, 2026
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NC: 2026:KHC:12313
CRL.P No. 3244 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3244 OF 2026
BETWEEN:
ROBERT LALRINMAWIA
S/O LALRINKHUMA
AGED ABOUT 22 YEARS
R/A NO.154, RUANTLANG
R SECTION, CHAMPHAI
MIZORAM - 796 321
PRESENT ADDRESS
NO.NILL, 15TH CROSS
RAJENDRA NAGAR
KORAMANGALA, BANGALORE - 560 034.
...PETITIONER
(BY SRI MOHAMMAD IBRAHIM ARSHAD M.P, ADV.)
AND:
1. STATE OF KARNATAKA
BY VIVEKNAGARA POLICE
STATION, REP. BY SPP
Digitally HIGH COURT BUILDING
signed by BANGALORE - 560 001.
NANDINI M S
Location:
HIGH COURT 2. ROSANGZELA
OF S/O VANKULHA
KARNATAKA
AGED ABOUT 21 YEARS
R/A ART OF DELIGHTICECREAM
SHOP, RESIDENCY ROAD
ASHOKNAGARA
BENGALURU - 560 025.
...RESPONDENTS
(BY SRI M.V. ANOOP KUMAR, HCGP FOR R-1;
SRI LALRUAT FELI, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE FIR IN CRIME NO.1/2026 OF VIVEKNAGAR
POLICE STATION BENGALURU FOR THE OFFENCE U/S 109(1), 126(2)
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NC: 2026:KHC:12313
CRL.P No. 3244 of 2026
HC-KAR
OF BNS ACT PENDING BEFORE 29TH ADDL.CMM COURT AT MAYO
HALL BENGALURU CITY (CCH-29).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.1/2026 registered by
Viveknagar Police Station, Bengaluru for the offence punishable
under Sections 109(1) & 126(2) of BNS, 2023 is before this
Court in this criminal petition filed under Section 528 of BNSS,
2023 with a prayer to quash the entire proceedings against
them.
2. Learned counsel for the parties jointly submits that,
the petitioner and respondent no.2 are childhood friends and
were working together in a ice cream parlour. The incident in
question had taken place on the intervening night of
31.12.2025 and 01.01.2026, after the petitioner, respondent
no.2 and their friends had consumed alcohol in a new year
party. They submit that, dispute has been now settled amicably
at the intervention of well-wishers and elders of both the
parties. They submit that, respondent no.2 has suffered only
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HC-KAR
simple injury in the incident in question and allegation against
the petitioner is that he had assaulted respondent no.2 with his
hands. Accordingly, they pray to permit the parties to
compound the offences for which FIR has been registered
against the petitioner.
3. They submit that, an application is today filed which
is supported by the affidavit of the parties with a prayer to
permit them to compound the offences for which FIR has been
registered against the petitioner.
4. The said submissions are placed on record. The
application filed by parties which is supported by their affidavit
seeking permission of this Court to compound the offences for
which FIR has been registered in the present case against the
petitioner is taken on record. Respondent no.2, who is present
in person before the Court is identified by his learned advocate
and he submits that the dispute between him and the petitioner
who are friends has been settled and therefore the prayer
made in the application may be allowed. In paragraph nos.2 to
8 of the affidavit, which is filed by respondent no.2 in support
of the prayer made in the application filed seeking permission
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HC-KAR
of this Court to permit the parties to compound the offence for
which FIR has been filed against the petitioner, it is stated as
follows:-
"3. I submit that when I had been to the hospital for medical check-up and was undergoing treatment, the respondent police obtained my thumb Impression on certain papers. At that time, I was not informed about the contents of the said documents nor was I made aware that an FIR would be registered in my name.
4. I state that without my knowledge, consent, or voluntary intention, the police registered an FIR in Crime No. 01/2026 against the Petitioner showing me as the complainant.
5. I respectfully submit that the dispute between myself and the Petitioner arose out of a personal misunderstanding during a New Year gathering, and the same was not intentional.
6. I state that with the intervention of elders, friends, and well-wishers, the dispute between myself and the Petitioner has been amicably settled.
7. I state that the compromise has been entered into voluntarily, out of my own free will, consent, and without any force, coercion, or undue influence from any person.
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HC-KAR
8. I state that, I have no objection whatsoever for quashing the FIR in Crime No.01/2026 and all consequential proceedings against the Petitioner."
5. Perusal of the averments in the FIR would go to
show that, petitioner and respondent no.2 were working in ice
cream parlour and they were also staying together in a room
which was provided to them by their employer. The incident in
question had taken place after the friends had consumed
alcohol in a new year party. The allegation against the
petitioner is that he had assaulted first informant with his
hands. Undisputedly, the first informant has suffered only
simple injury in the incident in question.
6. The Hon'ble Supreme Court in the case of
RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA
PRADESH -2021 SCC ONLINE SC 834, has observed that
notwithstanding the limitations provided under Section 320 of
Cr.P.C, this Court, in exercise of its powers under Section 482
of Cr.P.C, can quash criminal proceedings registered even for
non compoundable offences depending upon the nature and
gravity of allegation, relationship between the parties and
nature of settlement arrived between them.
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HC-KAR
7. In the case on hand, the petitioner and respondent
no.2 are said to childhood friends who are working together
and had quarreled with each other after consuming alcohol. The
allegation against the petitioner is not grave in nature and
injury suffered by respondent no.2 is also not serious in nature
Under these circumstances, the prayer made in the application
needs to be granted so as to do complete justice to the parties.
8. Accordingly, the criminal petition is allowed.
9. The entire proceedings in Crime No.1/2026
registered by Viveknagar Police Station, Bengaluru for the
offence punishable under Sections 109(1) & 126(2) of BNS,
2023 is hereby quashed.
The jail authorities are directed to forthwith release the
petitioner, who is in custody.
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS
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