Allowed

Sri. Lokesha v. State of Karnataka

Karnataka HC15 Dec 2023CRL.P/7648/2020

Case brief

AI extract

What is this about?

Court quashed proceedings under s. 376 and 420 IPC following victim's consent, invoking s. 482 Cr.P.C. for condonation despite non-compoundability. Subsequent order corrected clerical errors in the original judgment regarding the trial court number and case status.

What did the court decide?

The proceeding in C.C. No.12805/2020 pending before City Civil and Sessions Judge, Bengaluru for offences under s. 376 and 420 IPC was quashed.

Sri. Lokesha Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7648 OF 2020

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BETWEEN:

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SRI. LOKESHA, S/O NANJUNDAPPA, AGED ABOUT 33 YEARS, R/AT NO.7, NEAR RAMA TEMPLE, BELAMANGALA VILLAGE, JEDAGENAHALLI POST, HOSKOTE TALUK, BENGALURU - 562 114.

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…PETITIONER

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(BY SRI. SRINATHA B.V, ADVOCATE FOR SRI. NANJUNDA GOWDA M.R, ADVOCATE)

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AND:

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Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY SADASHIVANAGARA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001.

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SMT. VASANTHA, D/O BASAVALINGAPPA, AGED ABOUT 35 YEARS, R/AT NO.161, 1ST CROSS, UDAYA LAYOUT, MANGANAHALLI, BENGALURU - 560 060.

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FRO R1; SRI. NARENDRA S.M, ADVOCATE FOR R2)

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2 - NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE ON 13.10.2020 FOR THE OFFENCE P/U/S 376 AND 420 OF IPC AND ISSUANCE OF THE PROCESS AND TO QUASH THE ENTIRE PROCEEDINGS IN (CR.NO.41/2020 OF SADASHIVANAGAR POLICE) C.C.NO.12805/2020 WHICH IS PENDING ON THE FILE OF THE 39TH A.C.M.M., AT BENGALURU.

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

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ORDER

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The petitioner has challenged his prosecution by the R1 in C.C.12805/2020 for the offences punishable under section 376 and 420 of IPC, presently pending before the City Civil and Sessions Judge, Bengaluru (CCH-54) seeking permission to compromise the issue between them.

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When this petition was listed for admission, the petitioner and respondent No.2 have amicably resolved the case and have filed IA No.1/23.

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The joint affidavit along with application reads as follows:

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"I Lokesh S/o Nanjundappa, aged about 37 years, R/at No.7, Near Rama Temple,

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NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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Belamangala Village, Jadegenahali Post, Hosakote Taluk, Bengaluru District now at Bengaluru and Vasantha D/o Basavalingappa, aged about 38 years, R/at No.161, 1st Cross, Udaya Layout, Manganahalli, Bengaluru, both of us do hereby solemnly affirm and state on oath as follows:-

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1. On the basis of the complaint dated 21.05.2020 lodged by 2nd respondent Vasantha the Jnanabharathi police have registered a case in crime No.105/2020 against the petitioner for the offences punishable under sections 376 and 420 of IPC.

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2. On the question of jurisdiction the matter was transferred to Sadashivanagara Police Station in trun after investigation the Sadashivanagara Police have filed the chargesheet against the petitioner for the offences punishable under sections 376 and 420 of IPC. Now the matter is pending adjudication before the Principal City Civil and Sessions Judge CCH54 Bengaluru.

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3. I Vasantha submits that, I am not interested in prosecuting the matter and settle between us and now my age is 38 years and now

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4 - NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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I am working in MNC company at abroad and in my own free will and without any coercion or threat. I am filing this affidavit and giving my consent to quash the proceedings and to acquit the petitioner for the offences punishable under sections 376 and 420 of IPC.

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4. We submit that, this is only a consensual intercourse between us. I Lokesha the petitioner got married with Vishaka on 18.05.2020.

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5. Under the circumstances we seek leave of this Hon'ble Court to permit us to compound the aforesaid offences and to save the life of us. If not we would be put to untold misery.

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WHEREFORE, we pray that this Hon'ble court be pleased to allow the accompanying application in the interest of justice."

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The petitioner and respondent No.2 are present

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in person and are identified by their respective counsel. They both agree that they have voluntarily put on end to the prosecution. In view of the fact that respondent No.2 has forgiven the offences alleged against the petitioner, the further proceeding against the petitioner is

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5 - NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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unwarranted. As the offence under section 376 of IPC cannot be compounded, IA No.1/2023 is construed as field under Section 482 of Cr.P.C to quash the proceedings. Consequently, IA No.1/2023 is allowed and the impugned proceedings in CC No.12805/2020 pending trial before City Civil and Sessions Judge, (CCH-34), Bengaluru for the offences punishable under Section 376 and 420 of IPC is hereby quashed .

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The petitioner and respondent No.2 have signed

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the order-sheet of this Court in token of the acceptance of their terms mentioned in the Joint affidavit filed along with I.A.No.1/2023.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 2 CT: BHK

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NC: 2023:KHC:45856 CRL.P No. 7648 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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[SRI. LOKESHA VS. STATE OF KARNATAKA AND ANOTHER]

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RNJ

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07.03.2024 (VIDEO CONFERENCING / PHYSICAL HEARING)

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ORDER ON 'FOR BEING SPOKEN TO'

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Learned counsel for the petitioner has moved this petition for effecting corrections in the order dated 15.12.2023. It is stated that the proceedings are pending trial before CCH-54 and not CCH-34 as mentioned in page No.5 of the order. He also submits that the case is now committed for trial before the Sessions Court in S.C No.429/2022 and that the same may be incorporated.

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The aforesaid submission is noted and the mistake in page No.5 that C.C.No.12805/2020 is pending consideration before CCH-34 is rectified and it shall be read as CCH-54 and it shall also be read that case is committed for trial before the Sessions Court in S.C.No.429/2022.

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This order shall be read in conjunction in the order dated 15.12.2023.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 1

Sri. Lokesha v. State of Karnataka

Case brief

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Sri. Lokesha v. State of Karnataka

Case brief

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