Disposed

Shivaji S/O Ramappa Soraganvi v. the State of Karnataka

Karnataka HC23 Apr 2024CRL.P/103559/2023

Case brief

AI extract

What is this about?

Criminal petition to quash Spl.Case No.92/2018 under IPC and SC/ST(POA) Act offences after a memorandum of compromise under Section 320(2) Cr.P.C. signed by petitioners and complainant. Court found the compromise voluntary, compounded the IPC offences, quashed the proceedings against the petitioners, and directed the complainant to repay government compensation.

What did the court decide?

Proceedings in Spl.Case No.92/2018 quashed in so far as petitioners are concerned; respondent directed to deposit Rs.25,000 compensation within one month.

Shivaji S/O Ramappa Soraganvi Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC-D:6705 CRL.P No. 103559 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103559 OF 2023

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BETWEEN:

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SHIVAJI S/O RAMAPPA SORAGANVI, AGE. 43 YEARS, OCC. LABOUR, R/O. JAGADAL VILLAGE, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT, PIN-587311.

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SHRIKANT S/O RAMAPPA SORAGANVI, AGE. 51 YEARS, OCC. LABOUR, R/O. JAGADAL VILLAGE, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT, PIN-587311.

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Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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PANDIT S/O RAMAPPA SORAGANVI, AGE. 55 YEARS, OCC. LABOUR, R/O. JAGADAL VILLAGE, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT, PIN-587311.

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… PETITIONERS

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(BY SRI. SHIVANAND MALASHETTI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY BANAHATTI POLICE STATION,

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2 - NC: 2024:KHC-D:6705 CRL.P No. 103559 of 2023

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R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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SHRISHAIL SHIBASAPPA PARTHANALLI, AGE. 60 YEARS, OCC. LABOUR, R/O. ASANGI VILLAGE, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT, PIN-587311.

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… RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; SRI. RAKESH S. HATTIKATAGI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN SPL.C. NO.92/2018 (ARISING OUT OF BANAHATTI P.S. CR.NO.111/2018) AT ANNEXURE-C PENDING BEFORE LEARNED II ADDL. DISTRICT AND SESSION JUDGE, BAGALKOT FOR THE OFFENCE P/U/SECTIONS. 323, 324, 504, 506 R/W 34 OF IPC AND SECTION 3(1)(s), 3(1)(r) OF SC/ST (PREVENTION OF ATROCITIES) ACT, 1989, TO MEET THE ENDS OF JUSTICE.

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

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3 - NC: 2024:KHC-D:6705 CRL.P No. 103559 of 2023

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ORDER

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This petition is filed praying to quash the proceedings in Spl. Case No.92/2018 pending on the file of II Addl. District and Sessions Judge, Bagalkot registered for the offences punishable under Sections 323, 324, 504, 506 r/w 34 of IPC and Section 3(1)(s), 3(1)(r) of SC/ST(POA) Act, 1989.

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On the complaint of respondent No.2, a case came to be registered against the petitioners/accused Nos.1, 2 and 3 for the aforesaid offences. After investigation, charge sheet came to be filed against the petitioners-accused Nos.1 to 3 in Spl.Case No.92/2018 on the file of II Addl. District and Sessions Court, Bagalkote for offence under Sections 323, 324, 504, 506 r/w 34 of IPC and Section 3(1)(r), 3(1)(s) of SC/ST(POA) Act, 1989. Petitioners have sought for quashing of the proceedings of the said Spl. Case No.92/2018.

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Memorandum of compromise petition under Section

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320(2) r/w Section 482 of Cr.P.C. is filed and the same is

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4 - NC: 2024:KHC-D:6705 CRL.P No. 103559 of 2023

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jointly signed by the petitioners and respondent No.2 and their respective counsels.

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Along with the said compromise petition, affidavits of petitioner Nos.1 to 3 and respondent No.2 are enclosed. Respondent No.2 who is present before the Court submits that he has entered into compromise with the petitioners and there is no threat or coercion to enter into compromise with the petitioners. He further submits that he is ready to repay the compensation amount of Rs.25,000/- received from the Government.

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In view of the said compromise, offences under Sections 323, 324, 504, 506 r/w 34 of IPC are compounded. 5. In view of compounding of the offences, the proceedings against the petitioners in Spl. Case No.92/2018 pending on the file of II Addl. District and Sessions Court, Bagalkot are quashed in so far as petitioners are concerned and petition is disposed of.

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