Allowed

Smt Jhansi Lakshmi v. State of Karnataka

Karnataka HC1 Sept 2023CRL.P/5673/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 CrPC, quashing proceedings against the petitioner in C.C. No.58332/2018 because the parties had settled the dispute in a prior civil suit and the second respondent expressed no interest in continuing prosecution.

What did the court decide?

Quashing of the impugned prosecution against the petitioner in C.C. No.58332/2018.

Smt Jhansi Lakshmi Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:31686 CRL.P No. 5673 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 5673 OF 2019 (482)

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BETWEEN:

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SMT. JHANSI LAKSHMI W/O. V. SUBRAMANYAM REDDY, AGED ABOUT 57 YEARS, R/AT NO.649/1 AND 650, RAJANNA COLONY, 1^ST CROSS, BASAVA NAGAR, VIBHUTHIPURA, BENGALURU-560037.

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…PETITIONER

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(BY SRI. ERAPPA REDDY M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HAL POLICE STATION, BENGALURU-560037.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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BHARATH REDDY C S/O. CHANDRASHEKAR REDDY, AGED ABOUT 37 YEARS, FLAT NO.103, WEST BLOCK, 17^TH 'E' CROSS, RJ GARDEN, 2^ND STAGE, INDIRANAGARA, BENGALURU-560038.

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…RESPONDENTS

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(BY SRI. VENKAT SATHYANARAYANA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SRI. MAHABALAESHWAR K. PATIL, ADVOCATE FOR RESPONDENT NO.2)

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NC: 2023:KHC:31686 CRL.P No. 5673 of 2019

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.58332/2018 PENDING BEFORE THE XLIII ADDL.C.M.M., BENGALURU ONLY IN RESPECT OF PETITIONER.

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

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ORDER

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The petitioner has challenged the prosecution initiated against him in C.C. No.58332/2018 for the offences punishable under Sections 447, 427 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, (henceforth referred to as ‘the Trial Court’).

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Sri Mahabaleshwar K. Patil, learned counsel for respondent No.2 submits that the parties have already settled the dispute in O.S. No.9309/2015 before XLIV Additional City Civil and Sessions Judge, Bengaluru and the respondent No.2 is not interested to pursue the proceedings in C.C. No.58332/2018 before the Trial Court.

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In that view of the matter, the petition is allowed. The impugned prosecution of the petitioner in C.C. No.58332/2018

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NC: 2023:KHC:31686 CRL.P No. 5673 of 2019

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pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, is quashed.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 35

Smt Jhansi Lakshmi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Jhansi Lakshmi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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