Partly allowed

B.K. Manju v. State by Bagalur Police

Karnataka HC19 Jul 2022CRL.P/1535/2019

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 482 Cr.P.C. to quash proceedings arising from offences under the IPC and Prevention of Damages to Public Properties Act, 1984, the court observed that although offences were non-compoundable, the matter was amicably settled between parties. With no objections from respondents and remote probability of conviction, the court quashed the proceedings against

What did the court decide?

Quashed criminal proceedings in C.C.No.1709/2018 pending before Civil Judge and JMFC, Devanahalli, against petitioners 1 to 4 and 6; dismissed petition against petitioner 5 as abated.

B.K. Manju Vs State by Bagalur Police — Quashing and FIR | Karnataka HC (2022)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 19^TH DAY OF JULY, 2022

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

¶5

CRIMINAL PETITION NO.1535 OF 2019

¶6

BETWEEN:

¶7

B. K. MANJU S/O LATE B R KRISHNAPPA AGED ABOUT 45 YEARS BANDIKODIGEHALLY VILLAGE, JALAHOBLI BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶8

MUNIRAJU S/O DODDAMUNIYAPPA AGED ABOUT 49 YEARS B K HALLI VILLAGE JALAHOBLI BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶9

SHIVANNA S/O KADRIPAPPA AGED ABOUT 35 YEARS RESIDING AT MYLANAHALLI B K HALLI VILLAGE GRAMAPANCHAYATH MEMBER BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶10

MANJUNATH K S/O KRISHNAPPA AGED ABOUT 32 YEARS

¶11

-2-

¶12

RESIDING AT MYLANAHALLI GRAMAPANCHAYATH MEMBER POST JALA HOBLI BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶13

SHASHIKUMAR S/O NARAYANASWAMY AGED ABOUT 39 YEARS RESIDING AT MYLANAHALLI VILLAGE POST JALA HOBLI BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶14

RASHMI W/O B K MANJUNATH AGED ABOUT 30 YEARS GRAMPANCHAYATH MEMBER RESIDING AT B K HALLI JALA HOBLI BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶15

... PETITIONERS

¶16

(BY SRI. B.V. PINTO, ADVOCATE, SRI C.N. RAJU, ADVOCATE)

¶17

AND:

¶18

STATE BY BAGALUR POLICE BANGALORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE-560 001

¶19

SMT. D. M. ANURADHIKA W/O P K MANJUNATHA AGED ABOUT 35 YEARS GRAMA PANCHAYATH CHAIRMAN RESIDING AT B K HALLI JALA HOBLI

¶20

-3-

¶21

BANGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶22

H K NAGARAJ S/O KRISHNAPPA AGED ABOUT 36 YEARS RESIDING AT NO.75 HOOVIVNANAYAKHALLI B K HALLI, JALA HOBLI BANGALORE NORTH TALUK BANGALURU PIN CODE NO:562 149

¶23

B M SHIVAKUMAR S/O MUNIYAPPA AGED ABOUT 38 YEARS RESIDING AT BANDIKODIGEHALLI JALA HOBLI BANGALORE NORTH TALUK BENGALURU PIN CODE NO:562 149

¶24

MANJESH S R S/O RAMAKRISHNAPPA AGED ABOUT 37 YEARS RESIDING AT SOMATHANA HALLI REDDIHALLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT BENGALURU PIN CODE NO:562 149

¶25

T MANJUNATH S/O LATE THIMAHIA AGED ABOUT 42 YEARS RESIDING AT HUNSUR VILLAGE BANDIKODIGEHALLI POST JALA HOBLI BENGALORE NORTH TALUK BANGALORE PIN CODE NO:562 149

¶26

MUNINARAYANAMMA W/O LATE NARAYANAPPA AGED ABOUT 42 YEARS BANDIKODIGEHALLI JALA HOBLI, BANGALORE NORTH TALUK BANGALORE PIN CODE NO.562 149

¶27

... RESPONDENTS

¶28

(BY SRI. S. VISHWAMURTHY, HCGP FOR R1

¶29

SRI. G.K. RAJANNA, ADVOCATE FOR R3 TO R4 & R5 TO R7 SRI. J.V.S. MADHUHAS, ADVOCATE FOR R2)

¶30

-4-

¶31

THIS CRIMINAL PETITION IS FILED U/S 482 OF Cr.P.C., PRAYING TO QUASH THE PROCEEDING AGAINST THE PETITIONER AND SET ASIDE THE ORDER DATED 28.03.2018 IN C.C.NO.1709/2018 ON THE FILE OF CIVIL JUDGE AND JMFC DEVANGAHALLI, ARISING OUT OF CRIME NO.89/2016 OF BEGALUR POLICE BENGALURU, FOR THE OFFENCE P/U/S.143, 147, 353, 448, 427 R/W 149 OF IPC AND SEC.3 OF PREVENTION FO DAMAGES TO PUBLIC PROPERTY ACT 1984 AND ETC.

¶32

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

¶33

O R D E R

¶34

Police after investigation submitted a charge sheet for the offences punishable under Sections 143, 147, 353, 448, 427 read with Section 149 of IPC and Section 9 of Prevention of Damages of Public Properties

¶35

Act, 1984 against the petitioners/accused.

¶36

The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception of the same, this petition is filed.

¶37

Learned Counsels for both parties and the petitioners as well as the respondents have filed an application under Section 482 read with Section 320(2)

¶38

-5-

¶39

of Cr.P.C., stating that the parties have amicably settled the matter and respondents No.2 to 7 have no objections for quashing the impugned criminal proceedings.

¶40

The petitioners No.1 to 4 & 6 and respondents

¶41

No.2 to 7 are present before this Court.

¶42

Though the offences are non-compoundable in nature, however, having regard to the fact that the parties have amicably settled the dispute among themselves and respondents No.2 to 7 having no objections for quashing the impugned criminal proceedings, it would be an abuse of process of law, if the criminal proceedings are continued against the petitioner/accused since the probability of the conviction of the petitioners/accused is remote and bleak.

¶43

Accordingly, I pass the following:

¶44

ORDER

¶45

i. Criminal petition is allowed .

¶46

-6-

¶47

ii. The impugned criminal proceedings in

¶48

C.C.No.1709/2018 (Crime No.89/2016) pending on the file of Civil Judge and JMFC, Devanahalli, are hereby quashed.

¶49

iii. The petition as against petitioner No.5 stands dismissed as abated.

¶50

Pending I.A.No.2/2019, does not survive for consideration, in view of the disposal of this petition.

¶51

Sd/JUDGE

¶52

B.K. Manju v. State by Bagalur Police

Case brief

What is this about?

What did the court decide?

B.K. Manju v. State by Bagalur Police

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

M/S Spi Green Energy Vs the State of Karnataka

Rosemary Ratnam Vs Anam Hussain (Minor)

Sri.D. Chandrashekara Vs the State of Karnataka by

Subramanya Vs State by

M. Manjunath Vs Suresh Mahalingappa Latur

Brundha Vs State by K R Nagara Police