Allowed

Sri. Ravi Kumar Samminga v. State of Karnataka

Karnataka HC18 Apr 2022CRL.P/595/2021

Case brief

AI extract

What is this about?

In this quashing petition under Section 482 Cr.P.C., the petitioner challenged proceedings involving offences of assault, criminal intimidation, outraging modesty, and criminal force. The court allowed the petition and quashed the criminal proceedings due to a compromise between the parties, noting the offences were not against state or society.

What did the court decide?

Quashing of criminal proceedings in C.C.No.53078/2020 qua the petitioner and disposal of I.A.No.1/2021.

Sri. Ravi Kumar Samminga Vs State of Karnataka — Quashing and FIR | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.595 OF 2021

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BETWEEN:

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SRI RAVI KUMAR SAMMINGA S/O LATE SRI SURYANARAYANA AGED ABOUT 40 YEARS RESIDING AT NO.E47/8 DRDO PHASE-2 KAGGADASAPURA BENGALURU – 560 093.

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... PETITIONER

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(BY SRI CHANDRAKUMAR.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY S.H.O. OF MAHADEVAPURA POLICE STATION BENGALURU REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.

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SMT. HARIKA PEERUBANDI D/O PRAKASH RAO PEERUBANDI AGED ABOUT 35 YEARS RESIDING AT NO.C2, 203 GANGA ORCHARD MUNDHWA ROAD PUNE,

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MAHARASHTRA – 411 036.

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... RESPONDENTS

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(BY SRI ROHITH B.J., HCGP FOR R1 (PHYSICAL HEARING); SRI MAHESHA P., ADVOCATE FOR R2 (PHYSICAL HEARING))

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.53078/2020 IN RESPECT OF THE PETITIONER PENDING ON THE FILE OF XXIX ADDL.C.M.M., MAYO HALL, BENGALURU FOR THE OFFENCES P/U/S 341, 323, 354, 504 AND 506 OF IPC OF THE 1^ST RESPONDENT POLICE.

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

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ORDER

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This petition is filed calling in question the proceedings in C.C.No.53078/2020 for the offences punishable under Sections 341, 323, 354, 504 and 506 of IPC.

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During the pendency of the petition, the parties to the lis have entered into compromise and have filed an application under Section 482 r/w Section 320(6) of the Cr.P.C. The 2^nd respondent/complainant has appeared through video conferencing who is identified by the learned counsel appearing for the 2^nd respondent. The relevant portion of the compromise entered into reads as follows:

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“3. It is submitted that the petitioner has agreed to look after his family i.e., his wife and son carefully and he will discharge his duty as dutiful husband and father respectively and he will not talks anything about the Respondent No.2 or her parents and he will changes his habits whatever against to the interest of his family. Accordingly, the Respondent No.2 has comes to conclusion to withdraw the allegations whatever made in her complaint and also she is not having interest in the prosecuting the case in C.C.No.53078/2020 and she is ready and willing to give her consent for quashing the proceedings in C.C.No.53078/2020 and Cr.No.399/2020 which is pending on the file of 29^th Additional Chief Metropolitan Magistrate, Mayo hall, Bengaluru.” (sic)

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Since the offences alleged not being against the State or

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Society and in the light of the compromise arrived at between the parties as aforesaid, I deem it appropriate to obliterate the proceedings pending against the petitioner. For the aforesaid reasons, the following:

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ORDER

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(i) Criminal Petition is allowed.

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(ii) Impugned proceedings in C.C.No.53078/2020 pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru shall stand quashed qua the petitioner.

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I.A.No.1/2021 stands disposed, as a consequence.

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Sd/JUDGE

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bkp CT:MJ

Sri. Ravi Kumar Samminga v. State of Karnataka

Case brief

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Sri. Ravi Kumar Samminga v. State of Karnataka

Case brief

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