Dismissed

Sri Anand Bharadwaj v. the State of Karnataka

Karnataka HC3 Dec 2021CRL.P/6130/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings against the petitioner filed under Section 482 Cr.P.C. The court accepted the second respondent's application to compound the offence, noting the incident involved only two persons and lacked impact on public tranquility.

What did the court decide?

The Criminal Petition was admitted and the proceedings in C.C.No.28636/2017 were quashed.

Sri Anand Bharadwaj Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION No.6130 OF 2019

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BETWEEN

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Sri Anand Bharadwaj, S/o Sri K.V.Sathyanarayana, Aged about 37 years, R/at No.536, 20^th Main, 14^th Cross, F Block, Shankarnagar,

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Bengaluru – 560 092. …Petitioner

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(By Sri Anand R.V, Advocate)

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AND

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The State of Karnataka by Kodigehalli Police Station, Bengaluru City. Rept. by State Public Prosecutor, Attached to High Court of Karnataka, Bengaluru.

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Girish H.B, S/o Boregowda S.K, Aged about 35 years, R/at No.11, 9^th Cross, GHB Layout, Tata Nagar, Sahakarnagar Post, Bengaluru City – 560 092. …Respondents

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(By Sri Mahesh Shetty, HCGP for R1, Sri R.V.Shivananda Reddy, Advocate for R2)

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This Criminal Petition is filed under Section 482 Cr.P.C., praying to quash the entire proceedings in C.C.No.28636/2017 on the file of C.M.M. Court, Bengaluru for the offence P/U/S 341, 323, 324, 504 and 506 R/W 34 of IPC Against the petitioner (Kodigehalli Police Station).

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This Criminal Petition coming on for admission , this day, the Court made the following:

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ORDER

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Heard Sri. Anand R.V., counsel for the petitioner,

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Sri. R.V.Shivananda Reddy, counsel for respondent

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no.2 and Government Pleader for respondent no.1.

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This petition is filed by the petitioner under

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Section 482 Cr.P.C. for quashing the proceedings against him in C.C.No.28636/2017 on the file of CMM, Bengaluru. He is facing trial in relation to offences punishable under sections 341, 323, 324, 504 and 506 IPC. FIR was registered in Cr.No.32/2016 at the instance of second respondent in regard to a scuffle

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that took place inside a bar and restaurant. What is alleged is that the petitioner insisted the second respondent to pay his bill and when the second respondent refused, he was threatened to be killed and assaulted.

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An application under section 320(2) Cr.P.C. has been filed. The second respondent has filed an affidavit stating that he is compounding the offence with the petitioner and he has no objection to quash the proceedings. One of the offences mentioned in the charge i.e., under section 324 IPC is not compoundable. The incident clearly shows that it was a scuffle inside the bar and restaurant between two persons. It has nothing to do with public tranquility. Since the second respondent has agreed for compounding of the offence, application is entertained. The proceedings against the petitioner in

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C.C.No.28636/2017, now pending on the file of 7^th

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ACMM are quashed.

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In view of disposal of this petition, I.A.1/2019 and I.A.1/2021 do not survive. They are dismissed.

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Sri Anand Bharadwaj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Anand Bharadwaj v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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