The High Court of Karnataka disposed of a criminal petition under Section 482 CrPC. Relying on the complainant's affidavit stating the dispute was amicably settled and the case withdrawn, the court quashed the criminal proceedings and related interim applications.
Criminal Petition disposed; proceedings in C.C.No.20379/2019 quashed; I.A.No.1/2022 disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 2681 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2681 OF 2022
BETWEEN:
ASHOK KUMAR S/O N.NAGABUSHANAM AGED ABOUT 41 YEARS RESIDING AT NO.4 BIGGS DRIVE, AJAX ONTARIO, CANADA - LIT2L9.
…PETITIONER
(BY SRI. AJIT P.B., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
CRL.P No. 2681 of 2022
J.P.NAGAR, BENGALURU – 560 078.
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1; SRI BHARGAVA D.BHAT, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.243/2012 REGISTERED BY THE 1ST RESPONDENT POLICE AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.51702/2015 FOR THE OFFENCE P/U/S 341, 323, 324, 504, 506 OF IPC PENDING CONSIDERATION ON THE FILE OF THE LEARNED X A.C.M.M. AT MAYO HALL, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the proceedings in C.C.No.51702/2015 pending before the X Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, registered for the offences punishable under Sections 341, 323, 324, 504 and 506 of the IPC.
respondent No.2 in unison submit that respondent No.2 has filed an affidavit wayback on 14.10.2019, as he would
CRL.P No. 2681 of 2022
not wish to prosecute the case any further and the dispute among themselves is amicably settled. Another affidavit
by respondent No.2 is placed before this Court.
“ AFFIDAVIT
Xxxxxxxxxxxx
1) I submit that I am the Defacto Complainant in CC No.51702/2015 and I lodged the Criminal Complaint against Mr.Ashok Kumar on 29.06.2012 before Indira Nagar Police Station for causing minor injuries me out of road traffic accident.
2) I submit that I was informed that the Criminal Case is registered against sri. Ashok Kumar and same are pending before X Metropolitan Magistrate, Mayo Hall, Bengaluru in C.C.No.51702/2015. I submit that in view of the compromise, I am not interested in persuading the above Criminal Case and willing to withdraw the case.
3) I submit that the on the well wisher and friends intervention I and Complainant comprised out of Court hence I have no objection to quash the above Criminal case.
4) I submit that the compromise was entered without any coercion, duress or
CRL.P No. 2681 of 2022
influence and I am executing this Affidavit of my own volition.”
In the light of the afore-extracted affidavit of
respondent No.2, I deem it appropriate to obliterate the proceedings initiated against the petitioner, as the allegations are not against the State.
ORDER
Sd/JUDGE
NVJ
1 issue framed by the court
Whether the proceedings initiated against the petitioner should be quashed based on the settlement and withdrawal affidavit filed by the complainant.
1 provisions across 1 enactments
ASHOK KUMAR S/O N.NAGABUSHANAM
STATE OF KARNATAKA
MR.S.MUNIRAJU
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
