Karnataka High Court
CRL.P/12173/2026 of GAGAN NAYAK Vs STATE BY VIVEKNAGAR P. S. on 18 August 2026
CNR: KAHC010551332026 NC: 2026:KHC:44670 CRL.P No. 12173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12173 OF 2026 BETWEEN: GAGAN NAYAK, S/O LATE NAGRAJ NAYAK, AGED ABOUT 21
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12173 OF 2026
BETWEEN:
GAGAN NAYAK,
S/O LATE NAGRAJ NAYAK,
AGED ABOUT 21 YEARS,
R/AT SURAKSHA P.G,
CHANDRA REDDY LAYOUT,
1ST CROSS, 3RD MAIN ROAD,
SRINIVAGILU, BANGALORE - 560047.
…PETITIONER
(BY SRI. AMEENULLA N K, ADVOCATE)
AND:
1.
STATE BY VIVEKNAGAR P. S,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE 560001.
2.
CHRISTINA,
D/O ATO,
AGED ABOUT 25 YEARS,
R/AT ROOM NO.202,
2ND FLOOR, 24TH E CROSS,
EJIPURA VIVEK NAGAR, BANGALORE -560047.
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. V. VINOD REDDY, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO
QUASH THE FIR, COMPLAINT IN CR.NO.236/2025 FOR THE
CR.NO.236/2025 FOR THE OFFENCES P/U/S 196(1), 118(1) &
Digitally
signed by
PADMAVATHI
B K
Location: High
Court of
Karnataka
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62 OF BNS, 2023 AGAINST THE PETITIONER AT VIVEKNAGAR
POLICE STATION PENDING ON THE FILE OF 29th ACJM
COURT, MAYO HALL, AT BENGALURU ON TERMS AND
CONDITIONS AS THIS HON'BLE COURT DEEMS FIT, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner is before this Court calling in question proceedings in Crime No.236/2025, pending before the 29th ACJM Court, Mayo Hall at Bengaluru, for the offences under Sections 196(1), 118(1) & 62 of BNS, 2023.
2. Heard Sri.Ameenulla N.K., learned counsel appearing for the petitioner, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. V. Vinod Reddy, learned counsel appearing for respondent No.2 and have perused the material on record.
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3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memo in that regard, which reads as follows: “"1. We, Gagan Nayak, S/o Late Nagraj Nayak, Aged about 21 years, Residing at Suraksha P.G, Chandra reddy layout, 1st cross, 3rd main road Srinivagilu, Bangalore - 560047.
2. Christina, D/o Ato, Aged about 25 Years, Residing at room No. 202, 2nd floor 24th E cross, Ejipura Vivek nagar, Bangalore -560047.
3. We state that, we are the Petitioner (Accused) and Respondent No.2 in the above case and we know the facts and circumstances of the case. Hence, we know the contents of this memo.
4. We state that, the Criminal case has been filed by Respondent No.2 in Cr.No.236/2025 for the offences punishable U/s 196(1), 118(1) & 62 of BNS-2023 against the petitioner at Viveknagar Police station pending on the file of 29th Addl Chief Judicial Magistrate Court, Mayohall at Bangalore.
5. We submit that, the dispute which took place between us have been settled by the well-wishers, Elderly members and family members and now we have amicably settled the dispute and to put an end to this litigation we have approached this Hon'ble Court for the quashing of the proceedings.
6. The settlement has been taken place between private parties and has no impact against the public at large, hence this Hon'ble Court be pleased to interfere and quash the proceedings filed against the Petitioners.
7. We submit that, the continuation of the cases against the Petitioner (Accused) is nothing but abuse process of law and hence this Hon'ble Court may be pleased to
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inherent power under Section 482 of Cr.P.C/528 of BNSS.
8. It is submitted that with the intervention of the elderly members the petitioners and the complainant have settled this matter themselves. And as per the Judgement of Gian Sing V/s State of Punjab it is between the private parties they have resolved the issue by themselves and has settled the matter.
9. Wherefore, we humbly prays that this Hon'ble Court be pleased to quash the proceedings in Cr.No.236/2025 for the offences punishable U/s 196(1), 118(1) & 62 of BNS-2023 against the petitioner at Viveknagar Police station pending on the file of 29th Addl Chief Judicial Magistrate Court, Mayohall at Bangalore in the interest of justice and equity.
We, the Petitioner (Accused) and The Respondent No.2, herein to declare that this is our names and signatures and the contents of this Memo stated above, are true and correct to the best of our knowledge, information and belief."
4. The parties to the lis are present before the Court and are identified by their respective counsels.
5. In the light of Joint Memo as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition.
6. For the aforesaid reasons, the following:
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ORDER
[I] Criminal Petition is disposed. [II] Proceedings in Crime No.236/2025, pending before the 29th Addl. Chief Judicial Magistrate Court, Mayo Hall at Bengaluru, stands quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 104