Narasimharaju B H @ Narasimhamurthy vs The State Of Karnataka on 21 May, 2026

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    Karnataka High Court

    Narasimharaju B H @ Narasimhamurthy vs The State Of Karnataka on 21 May, 2026

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                                                                NC: 2026:KHC:25244
                                                           CRL.P No. 7250 of 2026
    
    
                       HC-KAR
    
    
    
    
                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                                 DATED THIS THE 21ST DAY OF MAY, 2026
    
                                                BEFORE
    
                                 THE HON'BLE MR. JUSTICE K. V. ARAVIND
    
                            CRIMINAL PETITION No. 7250 OF 2026 (482(Cr.PC) /
    
                                              528(BNSS))
    
                       BETWEEN:
    
                       1.     NARASIMHARAJU B H @
                              NARASIMHAMURTHY
                              S/O HULLURAIAH @
                              CHIKKAHULLURAIAH
                              NOW AGED ABOUT 38 YEARS
                              R/AT T.BEGUR VILLAGE @
                              POST KASABA HOBLI, NELAMANGALA TALUK
                              BENGALORE RURAL DISTRICT PIN-562123
    
                       2.     NAGARAJU.C @ NAGARAJU
                              S/O CHANNAPPA
    Digitally signed
    by VINUTHA B              NOW AGED ABOUT 55 YEARS
    S                         R/AT T.BEGUR VILLAGE @ POST
    Location: High            KASABA HOBLI
    Court of
    Karnataka                 NELAMANGALA TALUK
                              BENGALORE RURAL DISTRICT PIN-562123
    
                       3.     NAVEENKUMAR.B.G @ NAVEENKUMAR
                              S/O GANGANARASAIAH
                              NOW AGED ABOUT 33 YEARS
                              R/AT T.BEGUR VILLAGE @ POST
                              KASABA HOBLI, NELAMANGALA TALUK
                              BENGALORE RURAL DISTRICT
                              PIN-562123
    
                       4.     GEETHALAKSHMI @ GEETHAMMA
                                -2-
                                         NC: 2026:KHC:25244
                                     CRL.P No. 7250 of 2026
    
    
    HC-KAR
    
    
    
         W/O LATE RAJANNA
         NOW AGED ABOUT 49 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI, NELAMANGALA TQ,
         BENGALORE RURAL DISTRICT PIN-562123
    
         AND ALSO R/AT TARABANAHALLI VILLAGE
         DODDA BELAVANGAL HOBLI
         DODDABALALPURA TALUK
         BENGALORE RURAL DISTRICT PIN-561204
    
    5.   RATHNAMMA
         W/O LINGAPPA @ LINGAIAH
         NOW AGED ABOUT 52 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI
         NELAMANGALA TALUK
         BENGALORE RURAL DISTRICT PIN-562123
    
         AND ALSO R/AT # 328
         10TH A MAIN ROAD
         5TH BLOCK , RAJAJINAGAR
         BENGALORE CENTRAL
         SRIRAMPURM
         BENGALORE PIN-560021
    
    6.   CHANDRASHEKARA.B.R @ CHANDRASHEKARA
         S/O LATE RAJANNA
         NOW AGED ABOUT 29 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI
         NELAMANGALA TALUK
         BENGALORE RURAL DISTRICT
         PIN-562123
    
         AND ALSO R/AT TARABANAHALLI VILLAGE
         DODDA BELAVANGAL HOBLI
         DODDABALALPURA TALUK
         BENGALORE RURAL DISTRICT, PIN-561204
    
    7.   JAGADISH
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                                          NC: 2026:KHC:25244
                                      CRL.P No. 7250 of 2026
    
    
    HC-KAR
    
    
    
         S/O LATE LINGAPPA @ LINGAIAH
         NOW AGED ABOUT 38 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI, NELAMANGALA TQ.
         BENGALORE RURAL DISTRICT PIN-562123
    
         AND ASLO R/AT # 328
         10TH A MAIN
         5TH BLOCK
         NEAR ROTARY EYE HOSPITAL
         BHUVANESHWARINAGAR
         RAJAJINAGAR
         BENGALORE. PIN-560021
    
    8.   NARASIMHAMURTHY
         S/O RANGAIAH @ DODDARANGAIAH
         AGED ABOUT 42 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI
         NELAMANGALA TALUK
         BENGALORE RURAL DISTRICT PIN-562123
    
    9.   NARASIMHAMURTHY @ MURTHY
         S/O CHANNAPA
         NOW AGED ABOUT 51 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI
         NELAMANGALA TALUK
         BENGALORE RURAL DISTRICT PIN-562123
    
    10. GANGAMALLAIAH
        S/O LATE HULLARIVEAIA
        NOW AGED ABOUT 59 YEARS
        R/AT T.BEGUR VILLAGE @ POST
        KASABA HOBLI,
        NELAMANGALA TQ,
        BENGALORE RURAL DISTRICT PIN-562123
    
                                               ...PETITIONERS
    (BY SRI. SUNIL K. N., ADVOCATE)
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                                         NC: 2026:KHC:25244
                                     CRL.P No. 7250 of 2026
    
    
    HC-KAR
    
    
    
    
    AND:
    
    1.   THE STATE OF KARNATAKA
         REP BY NELAMANGALA
         RURAL POLICE STATION
         AT NELAMANGALA PIN-562123
    
         REPRESENTED BY THE STATE PUBLIC PROSECUTOR
         HIGH COURT OF KARNATAKA
         BENGALORE PIN-560001
    
    2.   SRI.MANUKUMAR.B.T
         S/O LATE THIMMAIAH
         NOW AGED ABOUT 34 YEARS
         R/AT T.BEGUR VILLAGE @ POST
         KASABA HOBLI,
         NELAMANGALA TQ,
         BENGALORE RURAL DISTRICT PIN-562123
                                               ...RESPONDENTS
    (BY SMT. M.M. WAHEEDA, HCGP FOR R1;
    SRI. PAWAN KUMAR S., ADVOCATE FOR R2)
    
         THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
    CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE
    PROCEEDINGS IN CC.NO.658/2016 ARISING OUT OF
    CR.NO.98/2016 REGISTERED BY THE 1st RESPONDENT POLICE
    IN NELAMANGALA POLICE AGAINST THE PETITIONER,
    PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, AT
    NELAMANGALA,       FOR      THE      OFFENCES    P/U/S
    143,147,323,324,504,354(B),506,149 OF IPC, ON      THE
                                       nd
    COMPLAINT BY THE FATHER OF THE 2 RESPONDENT IN SO
    FAR AS PETITIONERS ARE CONCERNED
    
        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
    ORDER WAS MADE THEREIN AS UNDER:
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                                               CRL.P No. 7250 of 2026
    
    
     HC-KAR
    
    
    
                              ORAL ORDER

    Heard Sri. Sunil K.N., learned counsel appearing for the

    petitioners, Smt. M.M. Waheeda, learned High Court

    SPONSORED

    Government Pleader appearing for respondent No.1, and Sri.

    Pawan Kumar S., learned counsel appearing for respondent

    No.2.

    2. This petition is filed under Section 482 of the Code of

    Criminal Procedure seeking quashing of the proceedings in C.C.

    No.658/2016 arising out of Crime No.98/2016 registered by

    Nelamangala Police Station, pending on the file of the Principal

    Civil Judge and JMFC, Nelamangala, for the offences punishable

    under Sections 143, 147, 323, 324, 504, 354B, 506 read with

    Section 149 of the Indian Penal Code.

    2.1 I.A. No.2/2026 is filed under Sections 320 and 320(4)(b)

    read with Section 482 of the Code of Criminal Procedure

    praying to record the compromise entered into between the

    petitioners and respondent No.2, to permit compounding of the

    offences, and consequently to quash the impugned

    proceedings.

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    2.2 The application is accompanied by the verifying affidavits

    of all the parties. A joint memo dated 19.05.2026 has also been

    filed by the respective parties along with the application. The

    joint memo discloses that, at the intervention of the elders of

    both sides, the parties have resolved their differences and

    amicably settled the dispute in order to maintain peace and

    cordial relationship. It is further stated that the civil dispute in

    O.S. No.390/2018 pending on the file of the I Additional Senior

    Civil Judge and JMFC, Nelamangala, which was the genesis of

    the present criminal proceedings, has also been settled.

    3. It is submitted that accused No.1 is no more. Accused

    Nos.2 to 12 and respondent No.2 are present before the Court.

    Respondent No.2 is victim No.3. It is further submitted that

    victim Nos.1 and 2 are also no more. When queried by the

    Court, the petitioners and respondent No.2 jointly submitted

    that they have amicably settled the dispute and are not

    intending to pursue the above criminal proceedings, as the

    main civil dispute between the parties has already been settled.

    The parties further jointly submitted that they have understood
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    the contents of the application, the affidavits, and the joint

    memo.

    4. The said submission is placed on record.

    5. The joint memo reads as follows:

    “1. It is submitted that on the complaint of the father of the
    respondent No.2, 1st respondent police have registered a case
    in Crime. No.98/2016 on 06/03/2026 for the offences
    punishable under sections 143, 147, 148, 323, 324, 504, 506
    R/w 34 of IPC and thereafter the first respondent Police have
    filed a charge sheet against the petitioners for the offence
    punishable u/s143, 147, 148, 323, 324, 504, 354(b), 506 R/w
    34 of IPC it was numbered as C.C.No.658/2016 on the file of
    Hon’ble Prl. Civil Judge and JMFC at Nelamangala

    2. It is submitted that at the intervention of the elders of both
    sides have reconciled all the differences between the parties
    and compromised the aforesaid disputes in order to bring the
    peace between the parties. Accordingly the petitioner No.4, 5,

    6 and 7 and another and the 2nd respondent have
    compromised their dispute in O.S. No. 390/2018 on the file of
    1 Addl. Senior Civil Judge & J.M.F.C. at Nelamangala and they
    by settling all disputes relating to properties as well as the
    criminal cases, pursuant to the said compromise, Original Suit
    No.390/2018 was disposed of by the Court of the 1 Additional
    Senior Civil Judge and JMFC at Nelamangala and the
    petitioners are bound by, shall faithfully abide by the terms
    and conditions of the compromise petition as well as the said
    Decree passed by the Hon’ble Court and shall extend full
    cooperation to Respondent No.2 in terms thereof Hence for the
    said reason, deserves to be quashed by the hands of this
    Hon’ble Court.

    3. In view of the settlement arrived at, the 2nd
    respondent/Victim No.3 has no wish to continue the criminal
    proceedings initiated by her and he has no objection for
    quashing the proceedings against all the petitioners. Since the
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    alleged offences are punishable under section U/s sec143, 147,
    323, 324, 504, 354(B), 506, 149 R/w 34 of IPC which are non-
    compoundable, without permission of the court, this
    application is filed seeking permission to compound the above
    said offences.

    4. The petitioners and the complainant / respondent no.2 have
    understood the contents of this application and out of their free
    will, volition and without any fear, force, threat, or coercion,
    have affixed their signatures to this application.”

    6. On perusal of the joint memo and the nature of the

    alleged offences, it is seen that, except the offence punishable

    under Section 354B of the IPC, all other offences are

    compoundable as provided under Section 320 of the Code of

    Criminal Procedure.

    6.1 The Hon’ble Supreme Court in Gian Singh v. State of

    Punjab and Another , reported in (2012) 10 SCC 303 ,has

    held that the power of the High Court to quash criminal

    proceedings in exercise of its inherent jurisdiction is distinct

    and different from the power conferred upon a criminal court to

    compound offences under Section 320 of the Code. It is further

    held that the inherent power is of wide plenitude with no

    statutory limitation, but the same has to be exercised in

    accordance with the guidelines engrafted in such power,
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    namely: (i) to secure the ends of justice; or (ii) to prevent

    abuse of the process of any Court.

    6.2 It is further held that compounding is permissible in

    criminal cases having an overwhelmingly and predominantly

    civil flavour, arising out of civil disputes or family disputes,

    where the wrong is basically private or personal in nature and

    the parties have resolved the entire dispute amicably. It is

    observed that, in such circumstances, the High Court may

    quash the criminal proceedings if, in its view, because of the

    compromise arrived at between the offender and the victim,

    the possibility of conviction is remote and bleak, and

    continuation of the criminal proceedings would result in great

    oppression and prejudice to the accused. It is further held that

    extreme injustice would be caused if the criminal proceedings

    are not quashed despite a full and complete settlement

    between the parties.

    6.3 For the sake of convenience, the relevant paragraph is

    extracted hereunder:

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    ” 61. The position that emerges from the above
    discussion can be summarised thus: the power of the
    High Court in quashing a criminal proceeding or FIR or
    complaint in exercise of its inherent jurisdiction is
    distinct and different from the power given to a
    criminal court for compounding the offences under
    Section 320 of the Code. Inherent power is of wide
    plenitude with no statutory limitation but it has to be
    exercised in accord with the guideline engrafted in such
    power viz.: (i) to secure the ends of justice, or (ii) to
    prevent abuse of the process of any court. In what
    cases power to quash the criminal proceeding or
    complaint or FIR may be exercised where the offender
    and the victim have settled their dispute would depend
    on the facts and circumstances of each case and no
    category can be prescribed. However, before exercise
    of such power, the High Court must have due regard to
    the nature and gravity of the crime. Heinous and
    serious offences of mental depravity or offences like
    murder, rape, dacoity, etc. cannot be fittingly quashed
    even though the victim or victim’s family and the
    offender have settled the dispute. Such offences are
    not private in nature and have a serious impact on
    society. Similarly, any compromise between the victim
    and the offender in relation to the offences under
    special statutes like the Prevention of Corruption Act or
    the offences committed by public servants while
    working in that capacity, etc.; cannot provide for any
    basis for quashing criminal proceedings involving such
    offences. But the criminal cases having overwhelmingly
    and predominatingly civil flavour stand on different
    footing for the purposes of quashing, particularly the
    offences arising from commercial, financial, mercantile,
    civil, partnership or such like transactions or the
    offences arising out of matrimony relating to dowry,
    etc. or the family disputes where the wrong is basically
    private or personal in nature and the parties have
    resolved their entire dispute. In this category of cases,
    the High Court may quash the criminal proceedings if
    in its view, because of the compromise between the
    offender and the victim, the possibility of conviction is
    remote and bleak and continuation of the criminal case
    would put the accused to great oppression and
    prejudice and extreme injustice would be caused to
    him by not quashing the criminal case despite full and

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    complete settlement and compromise with the victim.
    In other words, the High Court must consider whether
    it would be unfair or contrary to the interest of justice
    to continue with the criminal proceeding or
    continuation of the criminal proceeding would
    tantamount to abuse of process of law despite
    settlement and compromise between the victim and
    the wrongdoer and whether to secure the ends of
    justice, it is appropriate that the criminal case is put to
    an end and if the answer to the above question(s) is in
    the affirmative, the High Court shall be well within its
    jurisdiction to quash the criminal proceeding.”

    7. In the light of the above circumstances, this Court is of

    the considered opinion that the dispute between the parties has

    arisen out of a civil dispute among the family members. This

    Court finds no impediment in accepting the joint memo and

    permitting compounding of the alleged offences.

    8. In the light of the above, the following order is passed:

    ORDER

    (i) The Criminal petition is allowed.

    (ii) The proceedings in C.C. No.658/2016 arising out of

    Crime No.98/2016 for the offences punishable

    under Sections 143, 147, 323, 324, 504, 354B, 506

    read with Section 149 of the IPC, pending on the

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    file of the Principal Civil Judge and JMFC,

    Nelamangala, are hereby quashed.

    SD/-

    (K. V. ARAVIND)
    JUDGE

    VBS
    List No.: 1 Sl No.: 47



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