SRI. SUSHIL KUMAR vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 4524 OF 2025 (482(Cr.PC)

/ 528(BNSS)-)

BETWEEN:

SRI. SUSHIL KUMAR
SON OF MAHIPAL,
AGED ABOUT 29 YEARS,
OCCUPATION, CONSTABLE
MINISTRY OF RAILWAY,
BYAPPANAHALLI RAILWAY,
PROTECTION FORCE (RPF)
BYAPPANAHALLI,
BENGALURU - 560033.
PRESENTLY R/AT FLAT NO. 402,
TH
NO. 112, 4 FLOOR, OLD BYAPPANAHALLI, MAIN ROAD,
M S NAGAR POST,
BANGALORE - 560033.

…PETITIONER
(BY SRI. H. MALLAN GOUD., CGSC)

AND:

1. THE STATE OF KARNATAKA
BY BYAPPANAHALLI RAILWAY POLICE STATION,
BENGALURU - 560033.
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.

2. SRI MANOHARAN
SON OF CHINNAPPA,
AGED ABOUT 45 YEARS,
NO. 12, KEB BUILDING,











Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025


OLD CORPORATION,
HENNUR MAIN ROAD,
ST ST
1 BLOCK, 1 STAGE, HBR LAYOUT,
KACHARAKANAHALLI,
BENGALURU - 560084.

…RESPONDENTS
(BY SRI. RANJITH KUMAR.N., HCGP FOR R1;
SRI. G. SRIRAMAPPA., ADVOCAE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.069/2024
(ANNEXURE - A) REGISTERED BY THE RESPONDENT NO.1 I.E.,
BYAPPANAHALLI RAILWAY POLICE FOR THE OFFENCES P/U/S. 118
AND 352 OF BNS, 2023 AGAINST THE PETITIONER PENDING ON THE
ST
FILE OF 41 ADDL. CHIEF JUDICIAL MAGISTRATE COURT,
BANGALORE AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER


1. The petitioner is before this Court seeking for the
following reliefs;
a) Quash the FIR in Crime No.069/2024 (Annexure
- A) registered by the respondent no.1 i.e.,
Byappanahalli Railway Police for the offences
p/u/s. 118 and 352 of BNS, 2023 against the
st
petitioner pending on the file of 41 Addl. Chief
Judicial Magistrate Court, Bangalore
b) Quash the complaint dated 13.11.2024
(Annexure-B) lodged by the respondent no.2
before the respondent no.1 .
c) Pass any other order as this Hon’ble Court may
deem fit or proper in the facts and
circumstances of the case in the ends of justice.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025



2. Respondent no.2 had filed a complaint on
13.11.2024. In furtherance of which, FIR in Crime
No.69/2024 had been registered by the
Byappanahalli Railway Police Station for offences
under Sections 118 and 352 of the Bharatiya Nyaya
Sanhita, 2023.


3. The allegation of the complainant is that on
24.07.2024 at 11:00 a.m. at M.Vishveshwaraiah
Railway Station (Byappanahalli Railway Station),
respondent no.2 had parked his autorickshaw. When
the petitioner asked him to remove the same, during
that time, there was an altercation between the
petitioner and respondent no.2 wherein it is alleged
that the petitioner has assaulted respondent no.2
and, on that basis, the aforesaid complaint had been
filed.


4. Sri.Mallan Goud, learned counsel for the petitioner,
would submit that the petitioner was discharging his
official duties and had called upon respondent no.2,
who had parked his vehicle in a wrong location, to
remove the said vehicle, namely the autorickshaw,
when there was an altercation which took place and
respondent no.2 also had assaulted the petitioner,
requiring the petitioner to take treatment in
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025


C.V.Raman Nagar General Hospital. A complaint had
also been filed by the petitioner against respondent
no.2 in Crime No.51/2024 for offences punishable
under Section 132, 121(1), 351(2) and 190 of the
Bharatiya Nyaya Sanhita, 2023. In the said
proceedings, respondent no.2 pleaded guilty and
paid the fine in relation to the said offences. He
therefore submits that the complaint subject matter
of the above petition is a false complaint.


5. Respondent no.2 has filed an affidavit, which reads

as under:
AFFIDAVIT OF RESPONDENT NO.2.

I, Manoharan S/O Chinnappa, 45 years, R/at, No.12,
KEB Building, Old Corporation, Hennuru Main Road, 1
Block, 1st stage, HBR Layout, Kacharakanahalli,
Bangalore-560084 do hereby solemnly affirm and
state on oath as follows:-
1. I state that I am an auto driver and when I was in
my business at Byappanahalli railway station on
24/07/2024 the railway constable i.e. the petitioner
herein, was in duty, since I was in portico standby of
the railway station in order to move me out of the
said place, in a spur of moment, the altercation had
taken place between us, resulted in filing cases and
counter cases against each other in crime No.
51/2024 and crime No.69/2024 before the
Byappanahalli Railway police station.
2. Thereafter I have pleaded guilty under the
proceedings in crime No. 51/2024 before the trial
court and had paid the fine. Since the above incident
had taken place without there being any intention and
an off-shoot of, heat of the moment, we both
resolved the litigation.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025


3. I state that in this case the petitioner has
challenged the proceedings initiated by me in crime
No. 69/2024 as bad at law, the stay is also being
granted for further enquiry and hence the
proceedings is pending for enquiry.
4. Therefore, I am swearing to this affidavit that as I
have already pleaded guilty in the case which the
petitioner has been initiated and I do not want to
pursue these proceedings any further based on my
complaint. Thus, we both have also filed an
application u/s 359 of BNSS, jointly for compounding
the offences which invoked in my complaint, as u/s
118 and 352 of BNS Act. Since enquiry is pending for
consideration by IO, the ingredients of the provisions
of above, is not clear about in its true sense of
satisfied or not.
5. Under these circumstances, compromise having
been entered between us, I request this Hon'ble court
to be pleased to record the compromise and quash
the proceedings as prayed in the petition, in the
interest of justice.


6. Respondent No.2 is personally present before this
Court and, identified by his counsel, submits that the
altercation which took place was on the spur of the
moment and that Respondent No. 2 does not wish to
prosecute the case against the petitioner. An
application under Section 359 (1) and (2) of the BNS
has also been filed in pursuance thereof by the
petitioner and respondent no.2.


7. Taking into consideration that the petitioner was
discharging his official duties at the relevant time,
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025


and that the petitioner had also lodged a complaint
against respondent No. 2 in Crime No. 51/2024,
wherein respondent No. 2 has pleaded guilty, the
subsequent stand of respondent No. 2 that he does
not wish to pursue the present proceedings in Crime
No. 69/2024 assumes significance. Having regard to
the allegations in the complaint and the averments
made in the affidavit filed by respondent No. 2, it
appears that the altercation occurred in the heat of
the moment, without any premeditated intention on
the part of the petitioner to commit the alleged
offences.


8. Insofar as the offences punishable under Sections
118 and 352 of the Bharatiya Nyaya Sanhita, 2023
(BNS), are concerned, the application for
compounding under Section 359(1) and (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is
allowed.


9. In view of the settlement between the parties and
the express unwillingness of respondent No. 2 to
pursue the proceedings further, this Court is of the
considered opinion that continuation of the criminal
proceedings would serve no useful purpose and
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:57007
CRL.P No. 4524 of 2025


CNR: KAHC010202092025


would unnecessarily prolong the dispute.
Accordingly, the petition is allowed, and the
proceedings in Crime No. 69/2024 are liable to
quashed.


10.
Hence, this Court passes the following:

ORDER
allowed
i) Criminal Petition is .

ii) FIR in Crime No.69/2024 registered by
respondent No.1 for the offense punishable
under Section 118 and 352 of BNS, 2023
st
against the petitioner pending on the file of 41
Additional Chief Judicial Magistrate Court,
Bangalore vide Annexure-A and the complaint
dated 13.11.2024 vide Annexure-B are
quashed.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru

Verified
(SURAJ GOVINDARAJ)
JUDGE


PRS
List No.: 3 Sl No.: 9