The Karnataka High Court disposed of the criminal petition. Relying on the settled dispute between the parties and affidavits confirming the settlement, the court ordered the quashing of criminal proceedings initiated under Section 482 of the Cr.P.C.
The criminal proceedings in C.C.No.24991/2022 pending before the 30th Additional CMM, Bengaluru, were quashed.
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.
NC: 2023:KHC:19160 CRL.P No. 331 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 331 OF 2023
BETWEEN:
MR. VISHAL SHARMA S/O SATHISH SHARMA AGED ABOUT 30 YEARS R/AT NO.144/A, ‘B’ BLOCK ASHOK NAGAR SHAHADRA NORTH EAST DELHI – 110 093.
…PETITIONER
(BY SRI. SAMIULLA HORKERI, ADVOCATE)
AND:
Digitally signed 1. THE STATE BY by PADMAVATHI YALAHANKA NEW TOWN POLICE STATION B K REPRESENTED BY Location: HIGH COURT OF STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001.
NC: 2023:KHC:19160 CRL.P No. 331 of 2023
BENGALURU – 560 064.
…RESPONDENTS
(BY SMT. K.P.YASHODA, HCGP FOR R-1; SRI. RUDRAPPA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.24991/2022 ARISEN OUT OF CR.NO.183/2022 FOR THE OFFENCE P/U/S 448, 323, 324, 354, 504, 427 OF IPC ARRAYING THE PETITIONER AS ACCUSED WHICH IS PENDING ON THE FILE OF THE 30th ACMM, BANGALORE.
THIS CRIMINAL PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.24991/2022, pending before the 30th Additional CMM, Bengaluru, for the offences under Sections 448, 323, 324, 354, 504 and 427 of the IPC.
in unison submit that the parties to the lis have settled their
NC: 2023:KHC:19160 CRL.P No. 331 of 2023
dispute among themselves and one such conditions of the settlement is, closure of the present proceedings.
complainant, reads as follows:
“6. I state that I will not have any further claims as against Petitioner and other Petitioners and I will not institute any other case against Petitioners whatsoever in future.
7. I state that in view of the amicable settlement between me and the Petitioner, this Hon’ble Court under section 482 of the Criminal Procedure Code, 1973 could quash the criminal proceedings in Crime No.183/2022 for the offences Punishable under Section 354, 448, 427, 323, 324 and 504 of Indian Penal Code 1860, initiated by the Respondent Police, as no purpose will be served by continuing with the case.”
Though the offences alleged against the petitioner in the case at hand inter alia includes non-bailable offences, since the parties to the lis have settled their dispute themselves and have arrived at settlement, I deem it appropriate to accept the affidavits of both the parties and terminate the proceedings against the petitioner.
NC: 2023:KHC:19160 CRL.P No. 331 of 2023
ORDER
Sd/JUDGE
nvj List No.: 1 Sl No.: 134 CT:SS
2 issues framed by the court
Whether criminal proceedings can be quashed on the basis of amicable settlement by the parties despite non-bailable charges.
Whether leave under Section 320(1) Cr.P.C. should be granted for compounding the offences.
3 provisions across 2 enactments
Mr. Vishal Sharma
The State
Ms. Anjali Gupta
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
