Allowed

Shivakumara Gutteppa Talavar S/O Gutteppa v. State of Karnataka

Karnataka HC2 Sept 2024CRL.P/102382/2024

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a criminal petition filed under Section 482 of Cr.P.C. Prayers included quashing of FIR and charge sheet for offences under IPC Sections 353, 504, and 506. The court noted the matter was settled between parties and granted relief.

What did the court decide?

The FIR in Crime No. 235/2022 and charge sheet in C.C. No. 314/2023 were quashed; petition disposed off.

Shivakumara Gutteppa Talavar S/O Gutteppa Vs State of… — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:12572 CRL.P No. 102382 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102382 OF 2024

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BETWEEN:

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SHIVAKUMARA GUTTEPPA TALAVAR S/O. GUTTEPPA, AGE: 28 YEARS, RESIDENT OF MALAGUNDA, HANGAL TALUK, HAVERI DISTRICT-581104.

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…PETITIONER

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(BY SRI. AVINASH M. ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH HANGAL POLICE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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SHREESHAIL PATTANASHETTI S/O. PARAPPA AGE: 30 YEARS, OCC: PSI, HANGAL POLICE STATION, HAVERI DISTRICT. PRESENTLY WORKING AT RURAL POLICE STATION, SHIVAMOGGA - 577202.

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…RESPONDENTS

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(BY SRI. UMESH P. HAKKARAKI, ADVOCATE FOR R2; SRI. JAIRAM SIDDI, HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT DATED 28.12.2022, FIR IN CRIME NO.235/2022 DATED 28.12.2022 REGISTERED BY HANGAL POLICE STATION, HANGAL AND CHARGE SHEET IN CC NO.314/2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR. DN) AND JMFC COURT, HAVERI DISTRICT, HAVERI FOR THE OFFENCES PUNISHABLE U/S 353, 504, 506 OF IPC ALL FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE PETITIONER/ ACCUSED HEREIN.

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2 - NC: 2024:KHC-D:12572 CRL.P No. 102382 of 2024

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THIS PETITION COMING ON FOR ORDERS 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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The petition is filed by sole accused praying to quash the Complaint and FIR in Crime No.235/2022 of Hangal Police station and charge sheet in C.C.No.314/2023 pending on the file of Prl. Civil Judge(Senior Division) and JMFC Court, Haveri registered for the offences punishable under Sections 353, 504 and 506 of IPC.

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On the complaint of respondent No.2, the case came to be registered against the petitioner for the offences under Sections 353, 504 and 506 of IPC. After investigation, chargesheet has been filed for the aforesaid offences and the case came to be registered against the petitioner in C.C.No.314/2023. The petitioner has sought quashing of the FIR and chargesheet. An application under Section 482 of Cr.P.C. has been filed and it is enclosed with affidavit of the petitioner and respondent No.2. In the application as well as in the affidavits of petitioner and

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3 - NC: 2024:KHC-D:12572 CRL.P No. 102382 of 2024

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respondent No.2, it is stated that the matter has been settled between the petitioner and respondent No.2. It is also stated that the counter case registered against respondent No.2 has also been settled and it is disposed off as settled.

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The respondent No.2 is present before the

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Court and submits that the matter is settled between him and the petitioner and he has no objection for quashing of the proceedings against the petitioner.

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In view of the above, the following:

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ORDER

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i. The petition is allowed.

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ii. The FIR in Crime No235/2022 and chargesheet in C.C. No.314/2023 are quashed.

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iii. Accordingly, the petition is disposed off.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM

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CT:ANB

Shivakumara Gutteppa Talavar S/O Gutteppa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivakumara Gutteppa Talavar S/O Gutteppa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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