Disposed

Prakashrao S/O Shivaji Appadi Kulkarni v. State of Karnataka

Karnataka HC8 Aug 2024CRL.P/103464/2023

Case brief

AI extract

What is this about?

Accused No.1 sought quashing of proceedings for offences punishable under IPC Sections 465, 468 and 34 arising from a charge sheet after a private complaint referred to police. Petitioner and complainant entered into a voluntary compromise supported by affidavits; the court quashed proceedings against the petitioner and disposed of the petition.

What did the court decide?

Entire criminal proceedings in CC No.29/2023 against the petitioner (accused No.1) quashed based on compromise between parties.

Prakashrao S/O Shivaji Appadi Kulkarni Vs State of… — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:11283 CRL.P No. 103464 of 2023

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IN THE HIGH COURT OF KARNATAKA,DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF AUGUST 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103464 OF 2023

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BETWEEN:

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PRAKASHRAO S/O. SHIVAJI APPADI KULKARNI, AGE:75 YEARS, OCC: NIL, R/O: NEAR AMINBHAVI BUS-STOP, DHARWAD, DIST: DHARWAD – 581201.

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…PETITIONER

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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AND:

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STATE OF KARNATAKA JAMAKHANDI P.S. REPRESENTED BY ADDITIONAL PUBLICD PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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Location: BHARATHI HIGH H M COURT OF KARNATAKA

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MAHESH S/O. APPARAY BELAGALI, AGE: 21 YEARS, OCC: AGRICULTURE, R/O: SHIRAGUPPI, TQ: JAMKHANDI, DIST: BAGALKOT - 587119.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAKESH M. BILKI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO. 29/2023 (P.C.NO. 07/2021) ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC JAMKHANDI, FOR THE OFFENCE P/U/SEC. 468, 465 AND 34 OF IPC, INSO FAR AS IT PERTAINS TO THE PETITIONER/ACCUSED NO.1.

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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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NC: 2024:KHC-D:11283 CRL.P No. 103464 of 2023

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ORAL ORDER

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This petition is filed by accused No.1 praying to quash the entire proceedings in CC No.29/2023 (PC No.7/2021) on the file of Principal Senior Civil Judge and JMFC, Jamkhandi, registered for offences punishable under Sections 468, 465 and 34 of IPC.

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Respondent No.2 has filed a private complaint in PC No.7/2021 against the petitioner/ accused No.1 and other accused persons. The said complaint came to be referred to the Police for investigation, the Police registered a case and after investigation filed a charge sheet against the petitioner/ accused No.1 and another Shashikant Prakashrav Kulkarni (accused No.2) for offences punishable under Sections 465, 468 and 34 of IPC. Based on the charge sheet, a case came to be registered against the petitioner/ accused No.1 under CC No.29/2023 pending on the file of Principal Senior Civil Judge and JMFC, Jamakhandi. The proceedings of criminal case are sought to be quashed in the present petition.

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3 - NC: 2024:KHC-D:11283 CRL.P No. 103464 of 2023

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An application came to be filed under Section 320(2) r/w Section 482 of Cr.PC and it is signed by petitioner, his counsel and respondent No.2 and his counsel. The said application is supported by affidavits of petitioner and respondent No.2. Respondent No.2 is present before the Court and he submits that he has entered into compromise with the petitioner voluntarily and there is no force or coercion to enter into compromise.

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In view of the said compromise between the petitioner and respondent No.2, the proceedings against

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the petitioner in CC No.29/2023 pending on the file of Principal Senior Civil Judge and JMFC, Jamkhandi, are quashed. Accordingly, the petition is disposed of.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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List No.: 1 Sl No.: 51

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PJ CT:ANB

Prakashrao S/O Shivaji Appadi Kulkarni v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Prakashrao S/O Shivaji Appadi Kulkarni v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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