[Cites 6, Cited by 0]
Karnataka High Court
Abhimanyu Negi vs The State Of Karnataka on 27 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2026:KHC:12337
CRL.P No. 3344 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. 3344 OF 2026
BETWEEN:
ABHIMANYU NEGI
S/O DEEPTHI NAIR NEGI @ DAS
AGED ABOUT 20 YEARS
OCC: STUDENT, R/O PRESENTLY AT
MANIPAL TQ AND DIST UDUPI
C/O: S/O DEEPTHI NAIR NEGI @DAS
102 VSNL APARTMENTS, PLOT NO.58/17
NEAR FORTIS HOSPITAL SECTOR-62
GAUTAM BUDDHA NAGAR, NOIDA DISTRICT
UTTAR PRADESH - 201 301.
...PETITIONER
(BY SRI REYNOLD D'SOUZA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH MANIPAL POLICE STATION
R/BY HCGP, HIGH COURT BUILDING
Digitally
signed by PRINCIPAL BENCH AT BENGALURU - 560 001.
NANDINI M S
Location: 2. SHIVAPRASAD
HIGH COURT S/O B. BHASKAR NAIK
OF
KARNATAKA AGED ABOUT 40 YEARS
OCC: AUTO DRIVER R/O HOUSE NO. 5-2-3
SHAMA MISSION COMPOUND
NEAR FATHIMA MANZIL, 76
BADAGUBELLU BAILOOR
TQ AND DIST UDUPI - 576 101
(IN FIR IT IS MENTIONED AS
ANUGRAHA HOUSE, NGO COLONY
5TH CROSS BEHIND, MAHISHAMARDHINI
TEMPLE, BALLOOR 76
BADAGUBETTU VILLAGE, UDUPI.
...RESPONDENTS
-2-
NC: 2026:KHC:12337
CRL.P No. 3344 of 2026
HC-KAR
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SMT. ANITA B.G, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE COMPLAINT, FIR AND ENTIRE
PROCEEDINGS ARISING OUT OF CR.NO.25/2026 REGISTERED BY
MANIPAL P.S., FOR THE OFFENCES P/U/S 281,125(a),110 OF BNS,
2023, PENDING BEFORE THE LEARNED II ADDL. SENIOR CIVIL
JUDGE AND ACJM COURT, UDUPI, IN SO FAR AS THE
PETITIONER/ACCUSED IS CONCERNED.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused is before this Court in this criminal petition filed
under Section 528 of BNSS, 2023, with a prayer to quash the
entire proceedings in Crime No.25/2026 registered by Manipal
Police Station, Udupi District, for the offences punishable under
Sections 281, 125(a), 110 of BNS, 2023.
2. Learned Counsel for the parties jointly submit that the
dispute between the parties has been amicably settled, and the
parties have today filed a joint memo along with the affidavit of
the mother of the petitioner and the affidavit of respondent
no.2 herein with a prayer to permit the parties to compound
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the offence for which FIR has been registered against the
petitioner. They submit that the petitioner is a student pursuing
his B.Tech. Engineering Degree in Manipal Institute of
Technology at Udupi. He is in custody for the last nearly two
weeks. He is not only required to attend his classes, but he is
also required to attend his examinations. They accordingly pray
that the parties may be permitted to compound the offence for
which FIR has been registered against the petitioner and the
impugned criminal proceedings may be quashed.
3. The mother of the petitioner and respondent no.2 who
are present before the Court at identified by their learned
Advocates. Respondent no.2 has submitted that the settlement
arrived between the parties is voluntary, without there being
any undue influence or coercion, and he has received
compensation from the mother of the petitioner for the damage
caused to his vehicle in the accident in question.
4. FIR in the present case was registered against the
petitioner for the aforesaid offences based on the first
information received from respondent no.2 herein who has
alleged that on the night of 14.02.2026 at about 10.55 p.m.,
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the car which was driven by the petitioner in a rash and
negligent manner had dashed against his auto rickshaw, and
thereafter dashed against seven bikes which were parked and
in the said accident, respondent no.2 allegedly had suffered
head injury. Petitioner is the driver of the offending car bearing
registration No.HR-01-Z-5130. The parties have now filed joint
memo reporting settlement and along with the joint memo, the
affidavit of the mother of the petitioner and the affidavit of
respondent no.2 is also filed. In paragraph nos.2 to 6 of the
affidavit filed by respondent no.2, it is stated as under:
"2. I state that the disputes between myself and the
Petitioner, which led to the registration, have been
amicably settled with the intervention of elders and well-
wishers. It may kindly be settled with the permission of
the court.
3. I state that the said settlement has been arrived at
voluntarily, without any threat, coercion or undue
influence.
4. I further state that I have no objection if this Hon'ble
Court is pleased to quash / dispose of the above
proceedings arising out of Crime No.25/2026 in terms of
the settlement with the permission of the court by
exercising its inherent power under as per section 528 of
BNSS, 2023
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5. I am filing this affidavit to place the true facts before
this Hon'ble Court.
6. I State that the contents of paragraphs 1 to 5 of the
accompanying joint memo filed and duly signed by both
me and the petitioner's mother with the authorization
and his instruction as the petitioner is in Judicial custody
from 15/02/2026 and signature of their respective
counsels and the contents of this affidavit are true and
correct to the best of my knowledge and belief."
5. Petitioner and respondent no.2 are totally strangers and
the FIR was registered against the petitioner after the car which
was driven by him had dashed against the auto rickshaw driven
by respondent no.2. Respondent no.2 who is present in person
before the Court has submitted that he has received
compensation from the mother of the petitioner for the damage
caused to his auto rickshaw in the accident in question.
Petitioner is said to be a student pursuing his Engineering
Degree in Manipal Institute of Technology at Udupi. Necessary
documents are produced before this Court to show that
petitioner is pursuing is Engineering Degree in Manipal Institute
of Technology at Udupi. Respondent no.2 has submitted before
the Court that he does not want to press his complaint further
and the prayer made in the petition may be granted.
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6. The Hon'ble Supreme Court in the case of RAMGOPAL &
ANOTHER VS. THE STATE OF MADHYA PRADESH - (2022)14
SCC 531 has observed that, notwithstanding the limitations
provided under Section 320 of Cr.P.C., in a given case,
depending upon the facts and circumstances of the case and
also the nature of the allegations and nature of the settlement
arrived between the parties, this Court in exercise of its powers
under Section 482 of Cr.P.C., can quash the criminal
proceedings registered even for non-compoundable offences.
7. In view of the aforesaid, I am of the opinion that it is a fit
case wherein this Court is required to exercise its inherent
powers under Section 528 of BNSS, 2023, and quash the
impugned criminal proceedings so as to do complete justice to
the parties who are before the Court. Accordingly, the following
order:
8. Petition is allowed. The entire proceedings in Crime
No.25/2026 registered by Manipal Police Station, Udupi District,
for the offences punishable under Sections 281, 125(a), 110 of
BNS, 2023, is quashed.
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9. The prison authorities are directed to release the
petitioner from custody forthwith, if he is not required in any
other case.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
