High Court of Karnataka quashed criminal proceedings under various IPC sections based on a joint affidavit of settlement where parties withdrew allegations regarding forgery and adoption disputes.
The proceedings in C.C.No.626/2019 pending before Senior Civil Judge and JMFC, Sira stand quashed; Criminal Petition 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3869 OF 2020
BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
CORRECT ADDRESS: R/AT MADENAHALLI VILLAGE, SIRA TALUK 572 115, TUMAKURU DISTRICT.
NOW R/AT P.G. HOSTEL, SRI JAYADEVA INSTITUTE CARDIOVASCULAR SCIENCE AND RESEARCH, JAYANAGAR, BANGALORE - 560 069.
NC: 2023:KHC:21695 CRL.P No. 3869 of 2020
P.B. ROAD, VIDYA NAGAR, HUBBALI - 580 032, DHARWAD DISTRICT,
PETITIONERS 1 TO 3 ADDRESS SHOWN IN FIR NAVARATHNA APARTMENT, NO: C-2, C - BLOCK, 17TH CROSS, MALLESHWARAM, BENGALURU - 560 003.
PETITIONERS 1,2 AND 4 ARE R/AT 1FLOOR, NO.906, 39TH CROSS, 28TH MAIN, 9TH BLOCK, JAYANAGAR, BANGALORE - 560 069.
…PETITIONERS
(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)
AND:
NC: 2023:KHC:21695 CRL.P No. 3869 of 2020
…RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1 SRI. VIVEK S., ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ENTIRE PROCEEDINGS IN CR.NO.213/2018(C.C.NO.626/2019) REGISTERED BY THE RESPONDENT NO.1 SIRA P.S., SIRA, TUMKURU DISTRICT, P/U/S 114, 120B, 141, 142, 143, 149, 420, 463, 464, 465, 468, 471, 504, 506, 34 OF IPC REGISTERED ON THE COMPLAINT OF THE 2nd RESPONDENT IN PCR.NO.7/2018 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIRA AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:21695 CRL.P No. 3869 of 2020
ORDER
The petitioners had called in question the proceedings in C.C.No.626/2019 (Cr.No.213/2018), registered for offences punishable under Sections 114, 120-B, 141, 142, 143, 149, 420, 463, 464, 465, 468, 471, 504 and 506 read with Section 34 of Indian Penal Code, 1860.
“ JOINT AFFIDAVIT
"We, Sri. Ranganath S, son of Late Siddappa, aged about 67 years, Smt.Kamala, wife of Sri.Ranganath S, aged about 50 years, Sri.Sriranga R, Son of Rangaswamaiah M S, Aged about 32 years, Kum.Vasundhara, daughter of S Ranganath, aged about 26 years, all are residing at No:C2, Navarathna Apartment, between 6th & 8th Main, 17th Cross, Malleshwaram, Bangalore - 560 055, Sri.Kashi Ranganatha, son of Late Siddappa, aged about 55 years, residing at Madenahalli Villege, Sira Taluk - 572 115 Tumakuru District and Sri.Rangashamaiah.M.S Son of Late Sannarangappa, Aged about 74 years, residing at Madenahalli Villege, Sira Taluk - 572115, do hereby solemnly affirm and state on oath as follows;
NC: 2023:KHC:21695 CRL.P No. 3869 of 2020
We submit that we are aware of the facts and circumstances of the above petition and we are competent to swear to this affidavit;
We submit that, the Respondent No.2 has filed PCR No.07/2018, before the Principal Civil Judge (Sr.Division) and JMFC, Sira, alleging that, the petitioners have created the documents to show that, the accused no.3 is the adopted son of the Respondent No.2 and have created the partition deed. On receiving the private complaint, principal civil judge (Sr.Division) and JMFC, Sira, the matter was referred to Respondent No.1 for investigation on 26-042018. The Petitioner further submits that on 23-05-2018, Respondent has registered criminal case in Crime No: 213/2018, for the offences under section 114, 120B, 141, 142, 143, 149, 463, 465, 468, 471, 420, 504 and 506 read with 34 of Indian Penal Code;
We submit that, The PARTIES have come to a conclusion to resolve the entire disputes between themselves, unconditionally. The Respondents hereby withdraw all allegations against the Petitioners. It is further agreed between the Parties that the Second Respondent has no claims against the Petitioners in the subject matter of the Complaint in C.C.No:626/2019, on the file of the Senior Civil Judge and JMFC, at Sira and both Parties undertake to not interfere with the other in any manner in future;
WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to Quash the entire proceedings in C.C.No:626/2019, on the file of the Senior Civil Judge and JMFC, at Sira for the offences Under Section 114, 120B,
NC: 2023:KHC:21695 CRL.P No. 3869 of 2020
141, 142, 143, 149, 463, 465, 468, 471, 420, 504, and 506 read with 34 of Indian Pinal Code 1860;
We the Deponents do hereby declare that what is stated above is true and correct to the best of our knowledge, belief and information and the signatures found in this affidavit are our own"
the Senior Civil Judge and JMFC, Sira stand quashed, qua the petitioners.
The Criminal Petition stands disposed.
Sd/JUDGE
SMJ
List No.: 1 Sl No.: 67
1 issue framed by the court
Whether criminal proceedings in C.C.No.626/2019 be quashed upon parties arriving at a settlement via joint affidavit.
1 provisions across 1 enactments
Sri. Ranganatha S., Smt. Kamala, Sri. Sriranga R., Kumari Vasundara and Sri. Kashi Ranganatha
The State of Karnataka by Sira Police Station
Rangashamaiah M.S.
M. Nagaprasanna
As recorded by the court registry
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