The High Court of Karnataka quashed criminal proceedings under the SC/ST (PoA) Act and IPC after the parties resolved their dispute amicably, cancelled the sale agreement, and the complainant had no objection to quashing.
Criminal proceedings in Spl.C.No.913/2022 before the LXX Additional City Civil and Sessions Judge, Bengaluru stand 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4319 OF 2023
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. A.G.BALLOLLI, ADVOCATE)
AND:
NC: 2023:KHC:31611 CRL.P No. 4319 of 2023
…RESPONDENTS
(BY SRI. M.R.PATIL, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN SPL.C.NO.913/2022 IN PURSUANT TO CRIME NO.36/2022 REGISTERED BY MAHALAKSHMIPURA POLICE FOR THE OFFENCE P/U/S 420, 504 AND 506 R/W 34 OF IPC U/S 3(1)(r), 3(1)(s) OF SC AND ST (POA) ACT 1989, PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCC-71).
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are sought to be prosecuted under Section 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sections 34 and 420 of the IPC.
the de facto complainant, did not come forward to execute the registered sale deed in favour of the de facto complainant, with an intention to cheat.
NC: 2023:KHC:31611 CRL.P No. 4319 of 2023
proceedings will be an abuse of the process of law.
Accordingly, I pass the following:
ORDER
(CCC-71), stands quashed.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the quashing of criminal proceedings is permissible when the dispute has been amicably resolved and the complaint accepts no objection to quashing.
Whether the probability of conviction being remote justifies abating criminal proceedings under Section 482 CrPC.
3 provisions across 3 enactments
Govindraju
Manjula S. @ Jagadamba
State of Karnataka
Arathi N. S.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
