Petition under Section 482 Cr.P.C. sought quashing of chargesheet for offences punishable under Sections 307, 323, 324, 504, 506 r/w Section 34 IPC. Parties and injured entered into compromise; the High Court quashed the pending Sessions Court proceedings.
Proceedings in S.C.No.328/2019 quashed; petition disposed of.
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.
NC: 2024:KHC-D:12671 CRL.P No. 102083 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102083 OF 2019
BETWEEN:
BOTH R/O. HIREBAGEWADI, TAL: BAILHONGAL, DIST: BELAGAVI.
…PETITIONERS
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)
AND:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO CALL FOR RECORDS. AND QUASH THE ENTIRE CHARGESHEET IN BAILHONGAL P.S. CRIME NO.119/2018 FILED U/SECS 307, 323, 324, 504, 506 R/OW 34 OF IPC PENDING ON THE FILE OF X ADDL. DISTRICT & SESSIONS JUDGE, BELAGAVI IN SESSIONS CASE NO.328/2019, IN SO FAR AS PRESENT PETITIONERS/ACCUSED NOS 1 AND 2 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioners –accused Nos.1 and 2 praying to quash the charge sheet in Hirebagewadi Police Station in Crime NO.119/2018 registered for offences punishable under Sections 307, 323, 324, 504, 506 read with Section 34 of Indian Penal Code (Herein after referred as to “IPC” for brevity) pending on the file of the X Additional District and Sessions Judge, Belagavi in S.C.No.328/2019.
came to be registered against petitioners in Crime No.119/2018 of Hirebagewadi Police Station for the aforesaid offences. The Police after investigation have filed charge sheet for the aforesaid offences. On the basis of the said charge sheet case came to be registered against petitioners in S.C.No.328/2019 on the file of the X Additional District and Sessions Judge, Belagavi. The
NC: 2024:KHC-D:12671 CRL.P No. 102083 of 2019
proceedings of the said S.C.No.328/2019 sought to be quashed in this present petition by petitioners.
NC: 2024:KHC-D:12671 CRL.P No. 102083 of 2019
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP CT:ANB
1 issue framed by the court
Whether proceedings in S.C.No.328/2019 against accused Nos.1 and 2 should be quashed in view of the compromise between the parties.
4 provisions across 3 enactments
Sri. Uliveppa S/o. Veerappa @ Irappa Rotti
Sri. Basaling @ Basalingappa S/o. Uliveppa Rotti
The State of Karnataka through P.S.I. Bailhongal Police Station
Chandrashekar Veerappa Rotti
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
