Dismissed

Arjun Horakeri K v. the State of Karnataka

Karnataka HC24 Jun 2022CRL.P/2269/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka held that in view of the settlement arrived at between the parties, the offences not being against the State, the impugned proceedings pending in the Additional District and Sessions Court were quashed. I.A. No.1/2022 was also disposed.

What did the court decide?

Proceedings in SPL.C.C.No.189/2021 pending on the file of Additional District and Sessions Judge, Chikkamagaluru, stood quashed and I.A. No.1/2022 was disposed.

Arjun Horakeri K Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 24^TH DAY OF JUNE, 2022

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

¶6

CRIMINAL PETITION No.2269 OF 2022

¶7

BETWEEN

¶8

ARJUN HORAKERI K (PSI GONIBEEDU POLICE STATION) S/O G S KEMPEGOWDA, AGED ABOUT 35 YEARS, R/AT NO.4/211, 5TH MAIN ROAD, SARASWATHIPURAM, 7TH WARD, TURUVEKERE, TUMKUR DIST.

¶9

... PETITIONER

¶10

[BY SRI. SYED KHALEEL PASHA, ADV.]

¶11

AND

¶12

THE STATE OF KARNATAKA SIT CID BENGALURU.

¶13

MR. PUNITH K L S/O LAKSHMANA AGED ABOUT 22 YEARS KIRUGUNDA VILLAGE GONIBEEDU HOBLI MUDIGERE TALUK CHIKKAMAGALURU.

¶14

... RESPONDENTS

¶15

[BY SMT. K.P.YASHODHA, HCGP]

¶16

¶17

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN SPL.C.C.NO.189/2021 ARISING OUT OF CR.NO.18/2021 REGISTERED BY THE 1ST RESPONDENT POLICE U/S 323, 342, 504, 506, 330, 348 OF IPC AND SECTION 3(1)(a), 3(1)(e), 3(1)(r), 3(2)(va), 3(2)(vii) OF SC/ST (POA) AMENDMENT ACT, WHICH IS PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU.

¶18

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

¶19

ORDER

¶20

The petitioner is before this Court calling in question the proceedings in SPL.C.C.No.189/2021, registered for offences punishable under Sections 323, 342, 504, 506, 330 and 348 of IPC and Sections 3(1)(a), 3(1)(e), 3(1)(r), 3(2)(va), 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

¶21

During the pendency of the petition, the parties have entered into a settlement and filed a joint affidavit, which reads as follows:

¶22

"JOINT AFFIDAVIT

¶23

We 1) Arjun Horakeri.K (PSI Gonibeedu Police Station) S/o G.S.Kempegowda, Aged about 35 years, R/at No.4/211, 5th Main Road,

¶24

¶25

Saraswathipuram, 7th Ward, Turuvekere, Tumkuru Dist., presently camped at Bangalore. 2) Mr. Punith K.L, S/o Lakshmana, Aged about 22 years, Kirugunda Village, Gonibeedu Hobli Mudigere Taluk, Chikkamagaluru. presently camped at Bangalore, do hereby solemnly affirm and state on oath as follows:

¶26

1. We submit that 1st deponent is 1st Accused and 2nd deponent is the complainant in the above case and we are well acquainted with the facts of the case, we are well acquainted with the facts of the case, we are competent to swear to this affidavit.

¶27

2. We submit that the 2nd deponent has presented the complaint in Cr.No.18/2021 before the 1st Respondent Police, subsequently charge is filed in SPL C.C.No.189/2021 punishable under sections 323, 342, 504, 506, 330, 348 of IPC and under section 3(1)(a), 3(1)(e), 3(1)(r), 3(2)(va), 3(2)(vii) of the SC & ST (Prevention of Atrocities) Amendment Act 2015. Now which is pending on the file of Additional District and Sessions Court Chickmagalur District Chickmagalur. The

¶28

¶29

Petitioner, well-wishers and 2nd Respondent and her family members have settled the matter amicably out of the court. We have no objection to quash the proceedings in SPL C.C.No.189/2021, which is pending on the file of Additional District and Sessions Court Chickmagalur District Chickmagalur, without any force or co-ersion, undue influence, force from anybody etc. Whatever cases we have filed or pending against each other arising out of the said marriage is deemed to be withdrawn.

¶30

3. For the above stated reason this Hon'ble court may be pleased to quash the proceedings in SPL C.C.No.189/2021 which is pending on the file of Additional District and Sessions Court Chickmagalur District Chickmagalur,

¶31

WHEREFORE, we pray before this Hon'ble Court may be pleased to allow the application in the interest of justice and equity.

¶32

¶33

What is stated above is true and correct to the best of my knowledge, information and belief."

¶34

It is on the settlement an application is filed

¶35

seeking compounding of the offence under Section 320 of Cr.P.C. The application reads as follows:

¶36

"JOINT APPLICATION

¶37

We 1) Arjun Horakeri.K (PSI Gonibeedu Police Station) S/o G.S.Kempegowda, Aged about 35 years, R/at No.4/211, 5th Main Road, Saraswathipuram, 7th Ward, Turuvekere, Tumkuru Dist., presently camped at Bangalore. 2) Mr. Punith K.L, S/o Lakshmana, Aged about 22 years, Kirugunda Village, Gonibeedu Hobli Mudigere Taluk, Chikkamagaluru. presently camped at Bangalore, do hereby solemnly affirm and state on oath as follows:

¶38

The petitioner and 2nd respondent in the above case and we are well acquainted with the facts of the case, we are competent to file the above application.

¶39

¶40

The petitioner and 2nd respondent submit as follows:-

¶41

The petitioner and 2nd Respondent submit that the 2nd respondent has filed complaint before the 1st Respondent Police, subsequently they have filed charge sheet in SPL C.C.No.189/2021 registered U/s 323, 342, 504, 506, 330, 348 of IPC and under section 3(1)(a), 3(1)(e), 3(1)(r), 3(2)(va), 3(2)(vii) of the SC & ST (Prevention of Atrocities) Amendment Act 2015. Now which is pending on the file of Additional District and Sessions Court Chickmagalur District Chickmagalur. The Petitioner and his wellwishers and the 2nd Respondent and his well wishers have settled the matter amicably out of the court. The complainant has no objection to quash the proceedings in SPL C.C.No.189/2021 which is pending on the file of Additional District and Sessions Court Chickmagalur District Chickmagalur.

¶42

In view of the settlement between parties the first Respondent undertakes to withdraw the present case, whatever allegation is made in the complainant in SPL C.C.No.189/2021 which is pending on the file of Additional District and

¶43

¶44

Sessions Court Chickmagalur Chickmagaluru is withdrawn.

¶45

District,

¶46

The petitioners and 2nd respondent herein submit before this Hon'ble court may be pleased to compound the offences and quash the proceedings in SPL C.C.No.189/2021, which is pending on the file of Additional District and Sessions Court Chickmagalur District, Chickmagaluru.

¶47

The petitioner and 2nd respondent submit before this Hon'ble court without any force, Coercion or undue influence from anybody. Therefore the Petitioner and 2nd respondent made up their mind to settle their dispute before this Hon'ble Court.

¶48

Wherefore, the Petitioners and 2nd Respondent prays that before this Hon'ble Court may be pleased to quash the proceedings in SPL C.C.No.189/2021, which is pending on the file of Additional District and Sessions Court Chickmagalur District, Chickmagaluru."

¶49

¶50

In the light of the settlement arrived at

¶51

between the parties and the offences not being against the State, I deem it appropriate to accept the joint affidavit and application for compounding and terminate the impugned proceedings, qua the petitioner.

¶52

For the aforesaid reasons, the petition is disposed. Proceedings in Spl.C.C.No.189/2021 pending on the file of the Additional District and Sessions Judge, Chikkamagaluru, stand quashed.

¶53

In view of the disposal of the main petition, I.A.No.1/2022 also stands disposed.

¶54

Sd/JUDGE

¶55

ssb

Arjun Horakeri K v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Arjun Horakeri K v. the 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

Mr Alok Kumar @ Alok Singh Vs State by Byatayanapura P S

Sri M N Prakash Vs State of Karnataka

Sri. Sujeesh Babu Raj Vs the State of Karnataka

Sri N Nagaraju Vs the State by Sub Inspector of Police

Dr Zulfikar Ali Ahmed Vs State of Karnataka

Sri. a. S. Thyagarajan Vs State of Karnataka