SRI. ASHOK KUMAR vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 16 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 9876 OF 2025 (482(Cr.PC)

/ 528(BNSS)-)

BETWEEN:

SRI. ASHOK KUMAR
S/O BOGESH R
AGED ABOUT 40 YEARS
JOGIMATTI ROAD,
TH
5 CROSS, CHITRADURGA TOWN,
CHITRADURGA,
KARNATAKA - 577501

…PETITIONER
(BY SRI. KARTHIK.N.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY CHITRADURGA TOWN PS.
REPRESENTED BY SPP OFFICE,
HIGH COURT OF KARNATAKA
BENGALURU-560001.

2. MANJUNATH SINGH
S/O GOPAL SINGH
AGED ABOUT 40 YEARS
R/A NEAR KARUVINAKATTE CIRCLE,
BEHIND CHURCH,
CHITRADURGA TOWN,
CHITRADURGA
KARNATAKA 577501

…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
SRI. PRAVEEN KAMATH.M.R., ADVOCATE FOR R2)











Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 2 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C
NO.43/2023 REGISTERED BY THE 1ST RESPONDENT CHITRADURGA
TOWN POLICE IN CR.NO.176/2021 DATED 08.10.2021 PURSUANT TO
THE CHARGE SHEET DATED 23.12.2021 ARRAYING THE PETITIONER
AS AN ACCUSED FOR THE O/P/US/ 114,324,323,307,149,504 AND
506 OF THE IPC, PENDING IN THE FILE OF THE PRL.DIST. AND
SESSIONS JUDGE, CHITRADURGA.

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 entire proceedings in S.C No.43/2023
registered by the 1st respondent Chitradurga Town
Police in Cr.No.176/2021 dated 08.10.2021
pursuant to the charge sheet dated 23.12.2021
arraying the petitioner as an accused for the
o/p/u/s/ 114,324,323,307,149,504 and 506 of the
ipc, pending in the file of the Prl.Dist. and Sessions
Judge, Chitradurga.

2. Respondent No.2 had lodged a complaint on
08.10.2021, on which basis, FIR in Crime
No.176/2021 was registered by the Chitradurga
Town Police Station for offences under Sections 506,
34, 504, 323, 324 of IPC against three accused.

3. Subsequently, on investigation being complete, a
charge sheet was laid on 23.12.2021 for offences
under Section 506, 504, 323, 324, 307, 114 and 149
Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 3 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


of IPC, wherein two other accused were brought on
record, namely accused Nos.4 and 5.

4. The petitioner-accused No.5, who is before this Court
seeking for the aforesaid reliefs.

5. An application under Section 320 of Cr.P.C read with
Section 482 of Cr.P.C has been filed accompanied by
a joint affidavit, which reads as under:
JOINT AFFIDAVIT OF COMPROMISE BETWEEN THE
PETITIONER AND RESPONDENT No. 2, FILED IN
SUPPORT OF THE PRAYER TO QUASH THE
PROCEEDINGS IN S.C. No. 43/2023 QUA THE
PETITIONER, UNDER SECTION 320 OF THE Cr.P.C.,
1973 READ WITH SECTION 482 OF THE Cr.P.C., 1973
(CORRESPONDING TO SECTION 528 OF THE BNSS,
2023)
We,
(1) Sri. Ashok Kumar, S/o Bogesh R, aged about 41 years,
R/ a t Jogimatti Road, 5th Cross, Chitradurga Town,
Chitradurga, Karnataka 577 501 the petitioner (Accused No.
5 in the Trial Court)
(2) Sri. Manjunath Singh, S/o Gopal Singh, aged about 40
years, R/at Near Karuvinakatte Circle, Behind Church,
Chitradurga Town, Chitradurga, Karnataka 577
501.Respondent No. 2 (the Complainant )
do hereby jointly and solemnly affirm and state on oath as
follows:
1. That the deponent No.1 is the Petitioner in the above
Criminal Petition, and the deponent No. 2 is the
Complainant in Crime No. 0176/2021 of Chitradurga Town
Police Station and the Respondent No. 2 in this petition.
Both of us are the persons directly concerned with the
Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 4 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


proceedings, are competent to depose to the facts stated
herein, and are conversant with them.
2. That the proceedings out of which this petition arises
are as follows. On a complaint lodged by the Respondent
No. 2, Crime No. 0176/2021 was registered at Chitradurga
Town Police Station on 08.10.2021 (where the petitioner
was not arrayed as an accused). A chargesheet dated
23.12.2021 was filed (the petitioner herein is added as
Accused no.5), and the case is numbered S.C. No.
43/2023 on the file of the Hon'ble IInd Addl. District and
Sessions Judge, Chitradurga. The Petitioner is arrayed
therein as Accused No. 5 for offences punishable under
Sections 114, 324, 323, 307, 149, 504 and 506 of the
Indian Penal Code, 1860.
3. That, on knowing about above pending criminal proceeding
the petitioner filed the above criminal petition.
4. That through the intervention of well wishers and elders
known to both of us, we have resolved all differences
between us relating to the incident on 07.10.2021 and to
S.C .
Crime No. 0176/2031 / . No. 43/2023 The compromise
in Full and final as between the Petitioner and the
Respondent No. 2 . Neither of us has any surviving claim or
grievance against the other in respect of these
proceedings
5. That this compromise la entered into to sесuге реace
between the parties. That this compromise, and the prayer
below, are confined to the Petitioner (Accused No. 5) and
the Respondent No. 2. The Petitioner does not seek any
relief for, and the compromise does not purport to bind or
affect, the case against the other accused
6. That this compromise is entered into voluntarily, of our
own free will, without any coercion, threat, pressure,
undue influence or Inducement from any person. We have
taken the advice of our respective counsel. The contents of
this affidavit have been read over and explained to each of
us in a language we understand, and we understand its
consequences.
7. That the Respondent No. 2 has no objection to the
proceedings in S.C. No. 43/2023 being quashed insofar as
they relate to the Petitioner, and to the petition being
Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 5 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


disposed of on the basis of this compromise. He
undertakes not to initiate any further proceeding against
the Petitioner arising from the incident of 07.10.2021.
8. That each of us undertakes to appear in person before
this Hon'ble Court, or before the learned Trial Court,
whenever required, to confirm the compromise and to
identify our signatures on this affidavit.
PRAYER
WHEREFORE, the Petitioner and the Respondent No. 2
most respectfully pray that this Hon'ble Court be pleased
to:
(a) t
ake this Joint Affidavit of Compromise on record and
accept the com promise arrived at between the Petitioner
and the Respondent
(b) allow the Criminal Petition and quash the proceedings
in S.C. No 43/2023, arising out of Crime No. 0176/2021 of
Chitradurga Town Police Station, pending on the file of the
Hon'ble IInd Addl. District and Sessions Judge,
Chitradurga, insofar as they relate to the Petitioner
(Accused No. 51. for the offences punishable under
Sections 114, 324, 323, 307, 149, 504 and 506 of the
Indian Penal Code, 1860; and
(c) pass such other order or direction as this Hon'ble Court
deems fit in the facts and circumstances of the case, in the
interest of justice and equity.


6. Respondent No.2 is before this Court in person and
identified by his counsel. On enquiry, respondent
No.2 submits that he had made no allegation insofar
as accused No.5 is concerned. The allegations were
against accused Nos.1 to 3. Accused No.5 has been
implicated in the matter because he is stated to be a
friend or a well-wisher of accused Nos.1 to 4. He
Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 6 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


submits that he has never filed any complaint against
the petitioner nor does he have any complaint
against the petitioner. Petitioner was not present at
the time and place of the incident on 07.10.2021.

7. A perusal of the charge sheet material indicates more
particularly as regards the statement of accused No.1
that he had approached accused No.5 to resolve the
matter and settle the matter amicably. There is no
other similar statement that has also been made by
the other accused. Apart from this attribution to the
petitioner, both the counsels submit that there is no
other statement made against the petitioner to
implicate the petitioner in the subject crime.

8. In that view of the matter, when according to
respondent No.2, the petitioner was not at the place
on the date on which the offence is said to have been
allegedly committed and the involvement of the
petitioner was only to try and resolve the disputes
between the parties, this Court is of the considered
opinion that the continuation of criminal proceedings
against the petitioner would not be in the interest of
justice.

9. Though the allegations made in the charge sheet are
serious in nature but those allegations cannot be
Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru
Verified

- 7 -
HC-KAR
NC: 2026:KHC:59198
CRL.P No. 9876 of 2025


CNR: KAHC010453132025


attributed to the petitioner but can only be attributed
to accused Nos.1 to 4. In that view of the matter,
this Court passes the following:
ORDER

i) Criminal petition is allowed .

ii) The proceedings in S.C.No.43/2023 pending on
the file of Prl.District and Sessions Judge,
Chitradurga, insofar as the petitioner-accused
No.5 is concerned, is hereby quashed.

iii) It is made clear that the proceedings will
continue against accused Nos.1 to 4.


Digitally Signed By:
SURAJ GOVINDA RAJ
11/11/2026, 13:33, Bengaluru

Verified
(SURAJ GOVINDARAJ)
JUDGE





KTY
List No.: 1 Sl No.: 35