Disposed

Ejaj S/O Jameelsoratia v. the State of Karnataka

Karnataka HC6 Aug 2024CRL.P/100310/2023

Case brief

AI extract

What is this about?

Accused sought quashing of charge sheet and proceedings under SC/ST Act and Section 504/34 IPC arising from a private complaint over a civil road dispute. The complainant and accused recorded a compromise in the related civil suit; the High Court quashed the proceedings.

What did the court decide?

Proceedings and charge sheet in Spl.C.No.30/2023 quashed; petition disposed in terms of compromise

Ejaj S/O Jameelsoratia Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:11196 CRL.P No. 100310 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF AUGUST 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 100310 OF 2023

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BETWEEN:

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EJAJ S/O. JAMEEL SORATIA, AGE: 49 YEARS, OCC: BUSINESS, R/O: DHUNDASHI, TQ: SIRSI, DIST: UTTAR KANNADA, KARWAR - 581402.

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TABREJ ABDUL MAJEED SHAIKH, AGE: 38 YEARS, OCC: TAX CONSULTANT, R/O: C.P BAZAR, TQ: SIRSI, DIST: UTTAR KANNADA, KARWAR - 581402.

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…PETITIONERS

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(BY SRI. K. L. PATIL AND SRI. B.G. INDI, ADVOCATES)

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AND:

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Location: BHARATHI HIGH H M COURT OF KARNATAKA

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THE STATE OF KARNATAKA, THROUGH SIRSI NEW MARKET P. S., NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD BENCH -580011.

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SMT. SARASWATI W/O. NETREKAR, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: MINTI NAGAR, NEAR GANESH NETRALAYA, TQ: SIRSI, DIST: UTTAR KANNADA, KARWAR – 581402.

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…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. J.S. SHETTY, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE CHARGE SHEET SUBMITTED BEFORE THE II

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2 - NC: 2024:KHC-D:11196 CRL.P No. 100310 of 2023

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ADDL. DISTRICT & SESSIONS, KARWAR AGAINST THE PETITIONERS/ACCUSED NO. 1 TO 2 PRIVATE COMPLAINT FILED BEFORE THE LEARNED SPECIAL JUDGE, UTTARA KANNADA, KARWAR IN P.C. NO. 02/2022 AND ALSO QUASH THE FIR REGISTERED IN SIRSI NEW MARKET POLICE STATION CRIME NO. 03/2023 P.C.NO.2/2022 FOR THE OFFENCE PUNISHABLE U/SEC. 504 R/W SECTION 34 OF IPC AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(VA) 3(1)(P), 3(1)(Q) OF THE SC/ST (POA) AMENDMENT ACT, 2015 PENDING BEFORE THE LEARNED II ADDL. DISTRICT & SESSIONS JUDGE, UTTAR KANNADA, KARWAR IN SPL. C NO.30/2023.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused Nos.1 and 2 under Section 482 of the Code of Criminal Procedure praying to quash the charge-sheet and the proceedings in Spl.C.No.30/2023 pending on the file of the learned II Additional District and Sessions Judge, Uttara Kannada, Karwar.

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Respondent No.2 filed a Private Complaint No.2/2022 against the petitioners and the same came to be referred to the Police and a case in Crime No.3/2023 of Siri New Market Police Station is registered against the petitioners for the

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3 - NC: 2024:KHC-D:11196 CRL.P No. 100310 of 2023

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offences punishable under Sections 3(1)(r), 3(1)(s), 3(1)(p) and 3(1)(q) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Section 504 of IPC. The Police after investigation filed charge sheet against the petitioners for offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST Act and Section 504 read with Section 34 of IPC and a case has been registered in Spl.C.No.30/2023 pending on the file of the learned II Additional District and Sessions Judge, Uttara Kannada, Karwar. The proceedings of the said case and the charge sheet are sought to be quashed in the present petition.

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An application is filed Section 482 read with Section 320 of Cr.P.C. The said application is signed by petitioner No.2 and also as a GPA Holder of petitioner No.1 and their counsel. It is also signed by respondent No.2 and her counsel. Along with the said application, order sheet, compromise

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4 - NC: 2024:KHC-D:11196 CRL.P No. 100310 of 2023

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petition filed in O.S. No.138/2022 and other documents are enclosed. There was a civil dispute between respondent No.2 and the petitioner with regard to road and it was pending in O.S. No.138/2022. Compromise has been recorded in the said suit and the said suit is disposed of in terms of the said compromise. In para 5 of the said compromise petition, it is stated that by misunderstanding, respondent No.2 has filed a complaint against the petitioners and she has no objection for quashing the proceedings as sought in Crl.P. No.100310/2023. Respondent No.2 and petitioner No.2 are present. They submit that they have entered into compromise voluntarily without any coercion or force from anybody.

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In view of the said compromise between the petitioners and respondent No.2, the proceedings in Spl.Case No.30/2023 pending on the file of the learned II Additional District and

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5 - NC: 2024:KHC-D:11196 CRL.P No. 100310 of 2023

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Sessions Judge, Uttara Kannada, Karwar, are

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quashed.

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Accordingly, the petition stands disposed in

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terms of the compromise.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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kmv

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CT:ANB

Ejaj S/O Jameelsoratia v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ejaj S/O Jameelsoratia v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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