Allowed

Dr L Prashanth v. State of Karnataka

Karnataka HC27 Jul 2022CRL.P/2483/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings in three complaints (C.C. Nos. 13297/2016, 18474/2010, 22206/2010) pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru. The court allowed the petitions under Section 482 Cr.P.C. and obliterated the proceedings based on an amicable settlement arrived at by the family parties with the assistance of well-wishers.

What did the court decide?

Criminal Petitions disposed; impugned proceedings in C.C. Nos. 13297/2016, 18474/2010, and 22206/2010 quashed qua petitioners.

Dr L Prashanth Vs State of Karnataka — Quashing and FIR | Karnataka HC (2022)

¶1

¶2

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 27^TH DAY OF JULY, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶7

CRIMINAL PETITION NO. 2164 OF 2022

¶8

C/W

¶9

CRIMINAL PETITION NO. 2167 OF 2022 CRIMINAL PETITION NO. 2483 OF 2022

¶10

CRIMINAL PETITION NO. 2164 OF 2022

¶11

BETWEEN:

¶12

L.PRASHANTH S/O V. LAKSHMINARAYANA AGED ABOUT 49 YEARS.

¶13

Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

¶14

V.LAKSHMINARAYANA S/O LATE VENKATASWAMAPPA AGED ABOUT 73 YEARS.

¶15

BOTH ARE PRESENTLY

¶16

R/A NO.11, 1^ST MAIN PRASHANTH NAGAR EXTN ISRO LAYOUT BENGALURU – 560 078.

¶17

…PETITIONERS

¶18

(BY SRI NARAYANA REDDY M., ADVOCATE)

¶19

¶20

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶21

AND:

¶22

STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE BENGALURU CITY BENGALURU – 560 058.

¶23

REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR ROAD BENGALURU – 560 001.

¶24

N.SRINIVAS MURTHY THE CHAIRMAN AGED ABOUT 70 YEARS SHUSHRUTHI EDUCATION TRUST NO.68, ANDRAHALLI MAIN ROAD PEENYA 2^ND STAGE (RAJGOPAL NAGAR) BENGALURU – 560 091.

¶25

…RESPONDENTS

¶26

(BY SMT.K.P.YASHODHA, HCGP FOR R1; SMT.GOWHAR UNNISA, ADVOCATE FOR R2)

¶27

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO A. QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13297/2016 PENDING ON THE FILE OF THE LEARNED VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY VIDE ANNEXURE-A TO THE PETITION. B. ACCORD PERMISSION TO COMPOUND THE OFFENCE P/U/S.465, 468, 471, 476, 420 R/W SEC.120(B) OF IPC IN C.C.NO.13297/2016 ON THE FILE OF THE LEARNED VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY AND ACQUIT THE PETITIONER AND OTHER ACCUSED.

¶28

¶29

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶30

CRIMINAL PETITION NO. 2167 OF 2022

¶31

BETWEEN:

¶32

DR L.PRASHANTH S/O V.LAKSHMINARAYANA AGED ABOUT 49 YEARS.

¶33

V.LAKSHMINARAYANA S/O LATE VENKATASWAMAPPA AGED ABOUT 73 YEARS.

¶34

BOTH ARE PRESENTLY

¶35

R/A NO.11, 1^ST MAIN, PRASHANTHI NAGAR EXTN. ISRO LAYOUT BENGALURU – 560 078.

¶36

SATISHCHANDRA S/O LATE KEMPAIAH AGED ABOUT 47 YEARS R/AT NO.22 NEAR VEDIKA POLY CLINIC SHUSHRUTI NAGAR ANDRAHALLI MAIN ROAD BENGALURU – 560 091.

¶37

…PETITIONERS

¶38

(BY SRI NARAYANA REDDY M., ADVOCATE)

¶39

AND:

¶40

STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE BENGALURU CITY

¶41

¶42

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶43

BENGALURU – 560 058.

¶44

REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR ROAD BENGALURU – 560 001.

¶45

N.SRINIVAS MURTHY THE CHAIRMAN AGED ABOUT 70 YEARS SHUSHRUTHI EDUCATION TRUST NO.68, ANDRAHALLI MAIN ROAD PEENYA 2^ND STAGE (RAJGOPAL NAGAR) BENGALURU – 560 091.

¶46

…RESPONDENTS

¶47

(BY SMT.K.P.YASHODHA, HCGP FOR R1; SMT.GOWHAR UNNISA, ADVOCATE FOR R2)

¶48

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS FOR OFFENCES P/U/S.452, 354, 506 R/W SEC.34 OF IPC IN C.C.NO.18474/2010, ON THE FILE OF THE LEARNED VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY AND ACQUIT THE PETITIONER AND OTHER ACCUSED.

¶49

CRIMINAL PETITION NO. 2483 OF 2022

¶50

BETWEEN:

¶51

DR.L.PRASHANTH S/O V.LAKSHMINARAYANA AGED ABOUT 49 YEARS.

¶52

¶53

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶54

V.LAKSHMINARAYANA S/O LATE VENKATASWAMAPPA AGED ABOUT 73 YEARS.

¶55

B.V.SOWMYA W/O L.PRASHANTH AGED ABOUT 42 YEARS.

¶56

ALL ARE R/O NO.68 SHUSHRUTHI EDUCATION TRUST ANDRAHALLI MAIN ROAD BENGALURU CITY.

¶57

ALL ARE PRESENTLY R/A NO.11 1^ST MAIN, PRASHANTH NAGAR EXTN ISRO LAYOUT, BENGALURU – 560 078.

¶58

…PETITIONERS

¶59

(BY SRI. NARAYANA REDDY M.,ADVOCATE)

¶60

AND:

¶61

STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE BENGALURU CITY BENGALURU – 560 058.

¶62

REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR ROAD BENGALURU – 560 001.

¶63

N.SRINIVAS MURTHY AGED ABOUT 70 YEARS THE CHAIRMAN

¶64

¶65

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶66

SHUSHRUTI EDUCATION TRUST NO.68, ANDRAHALLI MAIN ROAD PEENYA 2^ND STAGE (RAJAGOPAL NAGAR) BENGALURU – 560 091.

¶67

…RESPONDENTS

¶68

(BY SMT.K.P.YASHODHA, HCGP FOR R1; SMT.GOWHAR UNNISA., ADVOCATE FOR R2)

¶69

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO a) QUASH THE ENTIRE PROCEEDINGS FOR OFFENCES P/U/S.452, 354, 506 R/W SEC.34 OF IPC IN C.C.NO.22206/2010, PENDING ON THE FILE OF THE LEARNED VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY, VIDE ANNEXURE – A TO THE PETITION;

¶70

b) ACCORD PERMISSION TO COMPOUND THE OFFENCE P/U/S 468, 471, 419, 420, 120B R/W 34 OF IPC AND IN C.C.NO.22206/2010, ON THE FILE OF THE VII ACMM, BENGALURU CITY, AND ACQUIT THE PETITIONERS AND OTHER ACCUSED.

¶71

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

¶72

ORDER

¶73

The petitioners in Crl.P.No.2164/2022 call in question the proceedings in C.C.No.13297/2016 registered for the offences punishable under Sections 465, 468, 471, 476, 420 r/w Section 120B of the IPC; in Crl.P.No.2167/2022 the petitioners call in

¶74

¶75

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶76

question the proceedings in C.C.No.18474/2010 for the offences punishable under Sections 452, 354, 506 r/w Section 34 of IPC and in Crl.P.No.2483/2022 the petitioners call in question proceedings in C.C.No.22206/2010 for the offences punishable under Sections 468, 471, 419, 420, 120B r/w Section 34 of the IPC, all pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru.

¶77

The parties to the lis are related to each other. It is stated that due to intervention of elders and well wishers they have settled all their disputes amicably and compromised all the cases including the civil suits. In support of their submission, learned counsel for petitioners has also relied upon a judgment of the Apex Court in the case of GIAN SINGH V. STATE OF PUNJAB reported in (2012)10 SCC 303 and sought to compound the offences registered against the petitioners. The terms of settlement arrived at between the parties insofar as they are germane for disposal of the present cases read as follows:

¶78

¶79

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶80

“1. The Petitioners have preferred the present petition praying to accord permission to compound the offences charged against them by the First Respondent pursuant to the complaint initiated by the Second Respondent in C.C.No.13297/2016 punishable U/s 408, 467, 471, 420, 506 and 120(B) IPC before the trial court.

¶81

2. The Petitioners and the Respondents respectfully submit that the Petitioners 1 & 2 and the Second Respondent are close relatives. Due to misunderstanding and in spur of moment, differences were cropped up resulting in initiation of Criminal and Civil Cases against each other.

¶82

3. It is respectfully submitted that due to the intervention of elders and well wishers, both the parties have settled their disputes amicably, compromising all the disputes including the connected civil suit in OS No.6403/2009. It is also decided to compromise this case, i.e., the Criminal Case in CC.No.13297/2016. Since some of the offences charged against the Petitioners i.e., Sec.408, 467 and 471 of IPC are non compoundable and rest of the offences are compoundable in nature.”

¶83

In the light of the compromise arrived at between the

¶84

parties as aforesaid and as the dispute is between members of the family, I deem it appropriate to obliterate the proceedings pending against the petitioners. For the aforesaid reasons, the following:

¶85

¶86

CRL.P No. 2164 of 2022 C/W CRL.P No. 2167 of 2022 CRL.P No. 2483 of 2022

¶87

ORDER

¶88

(i) Criminal Petition are disposed.

¶89

(ii) Impugned proceedings in C.C.No.13297/2016, C.C.No.18474/2010 and C.C.No.22206/2010 pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru shall stand quashed qua the petitioners.

¶90

Sd/JUDGE

¶91

BKP

Dr L Prashanth v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr L Prashanth 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Basavaiah. C Vs State by Maddur Police Station

K P N Shenoy Vs State of Karnataka

Sri G K Shekar Naik Vs State by

Mr. Adithya Agarwal Vs State of Karnataka

L Prashanth Vs State of Karnataka

Dr L Prashanth Vs State of Karnataka