Allowed

Sri Kiran Kumar B v. the State of Karnataka

Karnataka HC12 Dec 2024CRL.P/10999/2024

Case brief

AI extract

What is this about?

Son sought quashing of FIR under Sections 468, 471, 420, 465 and 34 IPC filed by his mother and sisters over a family property dispute. Parties settled the related civil suit and filed a joint compromise; the Court permitted compounding and quashed the FIR.

What did the court decide?

Criminal proceedings in Crime No.113/2021 against the petitioner quashed; parties permitted to compound offence.

Sri Kiran Kumar B Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:51292 CRL.P No. 10999 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 10999 OF 2024 (482(Cr.PC) /

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528(BNSS)-)

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BETWEEN:

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SRI. KIRAN KUMAR B S/O LATE SRI. J. BASAVARAJU, AGED ABOUT 41 YEARS, R/AT NO.22, 18TH MAIN, 12TH 'A' CROSS, NEAR JAYANNA CIRCLE, RAJARAJESHWARINAGAR, BENGALURU - 560 098.

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…PETITIONER

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(BY SRI. KEERTHIKAR S., ADVOCATE)

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AND:

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY RAJARAJESHWARINAGAR POLICE, BENGALURU, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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SMT. SARVAMANGALA W/O LATE SRI. J. BASAVARAJU, AGED ABOUT 61 YEARS, R/AT NO.22, 18TH MAIN,

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2 - NC: 2024:KHC:51292 CRL.P No. 10999 of 2024

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12TH 'A' CROSS, IDEAL HAMES, RAJARAJESHWARINAGAR, BENGALURU - 560 098.

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SMT. ASHWINI B D/O LATE SRI. J. BASAVARAJU, AGED ABOUT 37 YEARS, R/AT NO.515, 6^TH 'A' MAIN, AECS LAYOUT 'A' BLOCK, KUDLU, BENGALURU - 560 068.

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SMT. VEENA B D/O LATE SRI. J. BASAVARAJU, AGED ABOUT 35 YEARS, R/AT NO. C-701, ALPINE PYRAMID, CANARA BANK LAYOUT, KODIGEHALLI, BENGALURU - 560 068.

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…RESPONDENTS

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(BY SRI. VENKATASATYANARAYANA, HCGP FOR R1; SRI. PRAMOD GOWDA T.P., ADVOCATE FOR R2 TO R4)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.113/2021, DATED 31.05.2021 PENDING ON THE FILE OF HON'BLE 3RD ADDITIONAL CMM COURT, AT BENGALURU FOR THE OFFENCE P/U/S 468, 471, 420, 465 AND SEC.34 OF IPC, REGISTERED BY THE RESPONDENT NO.1/ RAJARAJESHWARI NAGAR PS BASED ON THE COMPLAINT FILED BY THE RESPONDENT NO.2 TO 4 AS AGAINST THE PETITIONER IS CONCERNED.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:51292 CRL.P No. 10999 of 2024

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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This petition is filed by the petitioner/accused under section 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.113/2021 registered by the Rajarajeshwari Nagar Police station for the offences punishable under Sections 468, 471, 420, 465 read with 34 of IPC.

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The respondent Nos.2 to 4 appeared through their counsel.

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During the pendency of the petition, both petitioner and respondents appeared before the Court along with their counsels and filed joint compromise application on I.A.No.1/2024 under Section 320 read with Section 482 Cr.P.C.

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Learned counsel for the petitioner and respondents submits during the pendency of this crime, a civil suit is also filed in O.S.No.3614/2020 where both the parties have settled their dispute between themselves by filing compromise application and also the suit was decreed on the compromise, where they undertook to cooperate with the petitioner for

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4 - NC: 2024:KHC:51292 CRL.P No. 10999 of 2024

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quashing the criminal proceedings. Accordingly, they have filed joint compromise application.

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The petitioner is none other than the son of the respondent No.2 and brother of the respondent Nos.3 and 4 and the dispute is between the family members.

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In view of joint compromise between the parties and in view of the settlement of the issues, I.A.No.1/2024 is allowed. The parties are permitted to compound the offence.

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Accordingly, the criminal petition is allowed .

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Consequently, the criminal proceedings registered against

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the petitioner in Crime No.113/2021 registered by the Rajarajeshwari Nagar Police, is hereby quashed.

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Sd/(K.NATARAJAN) JUDGE

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AKV

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List No.: 2 Sl No.: 6 CT:SK

Sri Kiran Kumar B v. the State of Karnataka

Case brief

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Sri Kiran Kumar B v. the State of Karnataka

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