Allowed

Sri Shadakshari v. State of Karnataka

Karnataka HC21 Apr 2022CRL.P/1356/2022

Case brief

AI extract

What is this about?

This criminal petition filed under Section 482 CrPC sought to quash charges arising from a family dispute. The court recorded a settlement affidavit filed by the petitioners and respondent No. 2. Relying on this compromise, the court held proceedings unnecessary and terminated them to meet the ends of justice.

What did the court decide?

Criminal Petition disposed and proceedings in C.C.No.102/2021 before JC & JMFC, Nelamangala quashed.

Sri Shadakshari Vs State of Karnataka — Quashing and FIR | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 21^ST DAY OF APRIL, 2022

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

¶6

CRIMINAL PETITION No.1356/2022

¶7

BETWEEN

¶8

1 . SRI SHADAKSHARI S/O PUTTAIAH, AGED ABOUT 38 YEARS, R/AT GUNDIGERE, KUDURU HOBLI, MAGADI TALUK, RMANAGAR DISTRICT. PIN CODE - 561101.

¶9

2 . SHIVAPRASAD S/O PUTTANNA, AGED ABOUT 37 YEARS, R/AT NO.40, 2ND MAIN, 2ND CROSS, BONVILSIDEDHALLI, HESARAGATTA ROAD, NAGASANDRA, BANGALORE - 560088.

¶10

3 . DHARNESH K.B. LATE BASVARAJ, AGED ABOUT 32 YEARS, R/AT NO GUDEMARANAHALLI, KUDURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, PIN CODE - 561101.

¶11

4 . K R CHANDRASHEKAR S/O LATE REVANNA,

¶12

¶13

AGED ABOUT 42 YEARS, R/AT 47, 4TH B CROSS, 7TH MAIN, HAMPI NAGAR, VIJAYNAGAR, BENGALURU. PIN CODE - 560040. 5 . NAGARAJA H B S/O LATE BASAVARAJU, R/AT KAMBLU, SOMPURA, NELAMANGALA TALUK, BANGALORE DISTRICT, PIN CODE - 562123. ... PETITIONERS

¶14

[BY SMT. RAKSHA KEERTHANA K., ADVOCATE] AND 1 . STATE OF KARNATAKA BY DABESPETE POLICE STATION, BENGALURU RURAL DISTRICT, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. 2 . DIVYA P S/O PUTTA GANGAIAH, AGED ABOUT 31 YEARS, R/AT EDEHALLI, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN CODE 562111. ... RESPONDENTS [BY SMT. YASHODA K.P., HCGP FOR R1; SRI. LAKSHMIKANTH G., ADVOCATE FOR R2]

¶15

¶16

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET REGISTERED BY THE DABASPETE POLICE (RESPONDENT NO.1) IN C.C.NO.102/2021 (CR.NO.110/2020) 143, 147, 148, 341, 323, 324, 506 R/W 149 OF IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C, AT NELAMANGALA RURAL DISTRICT.

¶17

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

ORDER

¶19

The petitioners are before this Court calling in question proceedings in C.C.No.102/2021 registered for offences punishable under Sections 143, 324, 327, 427, 448, 506, 114 read with Section 149 of the IPC.

¶20

During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows:

¶21

“ APPLICATION FILED UNDER 320 r/w 482 OF CODE OF CRIMINAL PROCEDURE.

¶22

The Petitioners and Respondent No.2 submits as follows:

¶23

1. The offences alleged in the charge sheet is under Section 143, 324, 327, 427, 448, 506, 144

¶24

¶25

R/W 149 of IPC for which there is no basis and the petitioners and respondent are family members and have entered into compromise voluntarily and out of their free will for the purpose of maintaining good relationship hereafter and not touching the interest of public and therefore to meet the ends of justice proceedings is necessary to be quashed.

¶26

2. It is submitted that the Petitioners have preferred the main petition to quash the proceedings in CC No.102/2021 on the file of Hon’ble Principal Civil Judge & JMFC, Nelamangala which is arising out of Crime No.110/2021 of Dobbaspet Police Station, Bangalore for offences under sections 143, 324, 327, 427, 448, 506, 144 R/W 149 of IPC.

¶27

3. It is submitted that, the Petitioner and Respondent No.2 have decided to put an end to the proceedings in CC No.102/2021 to maintain good relationship hereafter and therefore the second Respondent has agreed to quash the proceedings in CC No.102/2021 on the file of Hon’ble Principal Civil Judge & JMFC, Nelamangala which is arising out of Crime No.110/2021 of Dobbaspet Police Station, Bangalore for offences under sections 143,

¶28

¶29

324, 327, 427, 448, 506, 144 R/W 149 of IPC and there is no coercion or force is applied on the Respondent No.2.

¶30

4. In view of intervention of the elder members of the family and relatives Petitioners and Respondent No.2 have agreed to settle the matter by way of compromise and the Respondent No.2 has willfully agreed to withdraw the allegations made.

¶31

Wherefore , the Petitioners and the Respondent No.2 pray this Hon’ble Court to quash the entire charge sheet and the proceedings thereon in CC No.102/2021 on the file of Hon’ble Principal Civil Judge & JMFC, Nelamangala which is arising out of Crime No.110/2021 of Dobbaspet Police Station, Bangalore for offences under sections 143, 324, 327, 427, 448, 506, 144 R/W 149 of IPC in the ends of justice.”

¶32

In light of the settlement arrived at between the

¶33

parties as afore-quoted, I deem it appropriate to terminate the proceedings pending against the petitioners in the subject petition.

¶34

¶35

Therefore, the following:

¶36

ORDER

¶37

i. Criminal Petition stands disposed.

¶38

ii. Proceedings pending in C.C.No.102/2021 before the Principal Civil Judge and JMFC, Nelamangala against the petitioners stands quashed.

¶39

Sd/JUDGE

¶40

SJK

Sri Shadakshari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shadakshari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Rajesh Rajaghatta Vs State by

B N Karthik Vs State of Karnataka

Mr George Tarun Rajan Vs State of Karnataka

Smt Mamatha Vs State of Karnataka

Ramachandra Vs Sujatha H B

Manjunath Vs State of Karnataka