Quashed

Sri. a. M. Hanumanthe Gowda v. State of Karnataka

Karnataka HC19 Jun 2023CRL.P/1810/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition filed under Section 482 Cr.P.C. to quash proceedings for offences under Sections 384 and 506 IPC. The court accepted a joint settlement and applied Section 320 Cr.P.C. to compound the offences and quash the proceedings.

What did the court decide?

The criminal petition in C.P. No. 1810 of 2023 is disposed of and the proceedings C.C. No. 8758/2021 are quashed.

Sri. a. M. Hanumanthe Gowda Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:21268 CRL.P No. 1810 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1810 OF 2023

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BETWEEN:

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SRI. A.M.HANUMANTHE GOWDA S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS R/AT NO.164/1 SRI LAKSHMI NURSERY FARM HULLALU VILLAGE, HULLALU POST 100 FEET ROAD, 4^TH BLOCK SIR M.VISHVESHWARAYYA LAYOUT BENGALURU - 560 110.

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…PETITIONER

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(BY SRI. PANCHAM R.D., ADVOCATE)

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AND:

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

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STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION MAGADI CIRCLE RAMANAGARA DISTRICT - 560 074. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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SRI. SANKA SRINIVAS S/O. LATE S.V.SHESHAVATHARAM AGED ABOUT 46 YEARS R/AT NO.601, M.E.I. LAYOUT

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NC: 2023:KHC:21268 CRL.P No. 1810 of 2023

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15^TH MAIN ROAD, BAGALAGUNTE BENGALURU - 560 073.

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…RESPONDENTS

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(BY SMT. K.P.YASHODA, HCGP FOR R-1) SRI. A.SAMPATH, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.8758/2021 PENDING ON THE FILE OF II ADDL.C.J.M COURT BENGALURU RURAL DISTRICT BENGALURU FILED BY THE KUMBALAGODU P.S., FOR THE OFFENCE P/U/S 506, 384 OF IPC.

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

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ORDER

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The petitioner is before this Court calling in question proceedings in C.C.No.8758/2021, pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for the offences under Sections 506 and 384 of the IPC.

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Learned counsel for the petitioner and respondent No.2 in unison submit that during the pendency of these proceedings, the petitioner and respondent No.2 have settled the dispute among themselves and submit a joint memo, application under Section 320 r/w. 482 of the Cr.P.C. along

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NC: 2023:KHC:21268 CRL.P No. 1810 of 2023

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with the affidavits of both the parties to that effect before this Court.

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The affidavit filed by the petitioner reads as follows:

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“2. I state that I have filed the above Criminal Petition to quash the Charge sheet in C.C.No.8758/2021, pending on the file of II Addl. CJM Court, Bangalore Rural District, Bangalore, filed by the Kumbalagodu Police Station, for the offences punishable under ection 506, 384 of I.P.C.,

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3. I state that the road was formed unauthorizedly in a portion of the property in Sy. No.77 belonging to him situated at Kenchanapura Village, connecting from Ramasandra Village to Sulikere Village and the said road in Sy. No.77 of Kenchanapura Village is the access to the Sy. No.39/3 of Kenchanapura Village belonging to the respondent no.2. I further state that I have undertaken to give an affidavit to the Bangalore Development Authority stating his no objection for issuance of final layout plan along with order of release of sites formed in Sy.No.39/3 of Kenchanapura Village. Now we have buried the hatchet between us and living in harmony, due to the intervention of the well-wishers, elders and common friends. Under these circumstances we have decided to compound the offences punishable under section 506 and 384 of I.P.C. I state that there is no coercion, undue influence of any kind in filing the application for compounding the offence. Hence this application.

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WHEREFORE, I pray that this Hon’ble Court be pleased to allow the annexed application, as prayed for, in the interest of justice and equity.

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I, the deponent above named, do hereby state that this is my name and signature and the contents of this affidavit are true and correct to the best of my knowledge, belief and information.”

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NC: 2023:KHC:21268 CRL.P No. 1810 of 2023

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Though the offences alleged against the petitioner in the

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case at hand inter alia is one punishable under Section 384 of the IPC, which is punishable with imprisonment for seven years and Section 506 of the IPC, which is punishable with death or imprisonment for life or with imprisonment for a term which may extend to seven years, I deem it appropriate to accept the application filed under Section 320 of the Cr.P.C. and terminate the proceedings against the petitioner.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The proceedings C.C.No.8758/2021, pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, stand quashed.

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Sd/JUDGE

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NVJ

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List No.: 1 Sl No.: 214 CT:SS

Sri. a. M. Hanumanthe Gowda v. State of Karnataka

Case brief

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What did the court decide?

Sri. a. M. Hanumanthe Gowda v. State of Karnataka

Case brief

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