Allowed

Sri B K Muneesh v. State of Karnataka

Karnataka HC8 Aug 2023CRL.P/1786/2023

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a complaint petition under Section 482 Cr.P.C. and quashed criminal proceedings after an application for compounding under Section 320 Cr.P.C. was allowed due to amicable settlement between blood relatives, citing precedent.

What did the court decide?

The criminal petition was allowed and the pending criminal proceedings in C.C.No.14657/2014 against the petitioners for the specified IPC offences are quashed. I.A.No.2/2023 for compounding is allowed

Sri B K Muneesh Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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1 - NC: 2023:KHC:27936 CRL.P No. 1786 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 1786 OF 2023

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BETWEEN:

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SRI B K MUNEESH

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S/O LATE KITTAPPA AGED 65 YEARS R/AT NO 38, OLD NO 70 17^TH MAIN, 6^TH CROSS KURUBARAHALLI, BENGALURU-560079

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SMT. PREMALEELAVATHI W/O HARISH MURTHY AGED 63 YEARS R/O NO 340, 11^TH CROSS KADIRENAHALLI BENGALURU-560070

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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SRI B G SRINIVAS S/O B K GOVARDHAN AGED 43 YEARS R/O NO 375, YNBR LAYOUT BANASWADI, BENGALURU-560043

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SRI B N SHIVAKUMAR S/O B N NARAYANASWAMY AGED 40 YEARS R/O NO 280, 1^ST B CROSS 8^TH MAIN, BASAVESHWARANAGAR BENGALURU-560079

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2 - NC: 2023:KHC:27936 CRL.P No. 1786 of 2023

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SMT INDIRAMMA W/O B N NARAYANASWAMY AGED 60 YEARS R/O NO 280, 1^ST B CROSS 8^TH MAIN, BASAVESHWARANGAR BENGALURU-560079

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…PETITIONERS

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(BY SRI. PRAKASH SALMANI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POICE BENGALURU-560078 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001

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SMT. SUDHAMANI B N W/O B R RAGHURAMAIAH AGED 50 YEARS R/AT NO 50, YASHO NILAYA 7^TH MAIN ROAD, MEENAKSHI NAGAR KAMAKSHIPALYA, BENGALURU-560070

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…RESPONDENTS

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(BY SRI.P.THEJESH, HCGP FOR R1/STATE;

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SRI.H.P.LEELADHAR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14657/2014 FOR THE OFFENCE P/U/S 120(B),406,420,465,468,471 R/W 34 OF IPC PENDING ON THE FILE OF THE 4^TH A.C.M.M, BENGALURU ONLY TO THE PETITIONERS ARE CONCERNED.

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

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3 - NC: 2023:KHC:27936 CRL.P No. 1786 of 2023

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ORDER

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This petition is filed by the petitioners - accused Nos.1, 2, 4, 7 and 8 under Section 482 of Cr.P.C. seeking for quashing of the criminal proceedings in C.C.No.14657/2014 pending on the file of the IV ACMM, Bengaluru, arising out of Crime No.133/2011 registered by the Kumaraswamy Layout Police, Bengaluru and charge sheeted for the offence punishable under Sections 120(B), 406, 420, 465, 468, 471 read with 34 of IPC.

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During the pendency of the petition, both petitioners and respondent No.2 appeared through their respective counsel and have filed an application in I.A.No.2/2023 under Section 320 read with Section 482 of Cr.P.C. for compounding the offence. Both the parties are said to have settled their dispute amicably and they are said to be blood relatives. The submission made by the learned counsel and the parties is placed on record. In view of the judgment rendered by the Hon'ble Apex Court in the case of Ramgopal and Another vs. State of

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4 - NC: 2023:KHC:27936 CRL.P No. 1786 of 2023

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Madhya Pradesh, Krishnappa & Others vs. State of

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Karnataka reported in 2022 Crl.L.J 2801 , wherein it

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has been held that when the parties have settled their issues even including civil case, the application deserves to be allowed. Accordingly, said application is taken on record and parties are permitted to compound the offences. I.A.No.2/2023 is allowed.

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Hence, I pass the following:

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ORDER

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i) The criminal petition is allowed ;

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ii) The criminal proceedings pending against the petitioners in C.C.No.14657/2014 on the file of the IV ACMM, Bengaluru, for the offences punishable under Sections 120(B), 406, 420, 465, 468, 471 read with Section 34 of IPC are hereby quashed;

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iii) I.A.No.1/2023 does not survive for consideration and stands disposed of.

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CA List No.: 1 Sl No.: 28

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Sd/JUDGE

Sri B K Muneesh v. State of Karnataka

Case brief

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Sri B K Muneesh v. State of Karnataka

Case brief

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