Disposed

Sri Ashok Abrahim Kuriakose v. State of Karnataka

Karnataka HC3 Sept 2024CRL.P/12431/2022

Case brief

AI extract

What is this about?

Criminal petition under Section 482 Cr.P.C. sought quashing of proceedings in a criminal case for trespass and related offences. Parties filed a joint affidavit recording an amicable settlement; the High Court disposed of the petition and quashed the pending proceedings qua the petitioner.

What did the court decide?

Proceedings in C.C.No.16340/2020 pending before the 9th ACMM, Bengaluru quashed qua the petitioner.

Sri Ashok Abrahim Kuriakose Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:36012 CRL.P No. 12431 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12431 OF 2022

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BETWEEN:

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SRI. ASHOK ABRAHIM KURIAKOSE, S/O LATE C.T. KURIAKOSSE, AGED ABOUT 49 YEARS, R/AT NO. 80/10, HULIMAVU, B.G. ROAD, BENGALURU - 560 076.

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…PETITIONER

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(BY SRI. M.R. NANJUNDA GOWDA, ADVOCATE)

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AND:

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Digitally signed by KAVYA G Location: High Court of Karnataka

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STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001.

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SRI. GOPAL K., S/O LATE KRISHNAPPA, AGED ABOUT 45 YEARS, R/O CHOODASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU - 562 106.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI. MANJUNATHA K.A, ADVOCATE FOR R2)

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NC: 2024:KHC:36012 CRL.P No. 12431 of 2022

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.16340/2020 (IN CR.NO.228/2019 OF PARAPPANA AGRAHARA POLICE) WHICH IS PENDING ON THE FILE OF THE 9TH A.C.M.M., BENGALURU FOR THE OFFENCE PU/S 447, 504, 506 R/W 34 OF IPC.

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question proceedings in C.C.No.16340/2020 registered for offences punishable under Sections 447, 504, 506 read with Section 34 of the IPC.

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During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have filed such joint affidavit before this Court and the terms of settlement reads as follows:

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” JOINT AFFIDAVIT

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We, 1) Ashok Abrahim Kuriakose, S/o Late.C.T Kuriakosse, Aged about 49 years, R/a, No.80/10, Hulimavu, B.G Road, Bengaluru - 560 076, 2) Gopal.K, S/o.Late.Krishnappa, Aged about 45 years, R/a, No.79, New No.181, Near Anjaneya Temple, Choodasandra

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NC: 2024:KHC:36012 CRL.P No. 12431 of 2022

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Village, Anekal, Huskur, Bengaluru - 560 099 do hereby solemnly affirm and state on oath as follows;

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1. The 2nd respondent Gopal.K has initiated proceedings against the Petitioner for the offences punishable under sections 447, 504, 506 r/w 34 IPC and the same is pending in C.C.No.16340/2020 (in Crime No. 228/2019) of Parappana Agrahara police now which is pending on the file of the 9th Additional Chief Metropolitan Magistrate, Bengaluru.

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2. Both the parties submits that, we have amicably settled the matter in C.C.No.16340/2020 with the advice of friends and well-wishers and we being ad joiners have decided to live peacefully and harmoniously in the locality.

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3. Under the circumstances we seek leave of this Hon'ble Court to permit us to compound the aforesaid offences and in view this settlement we pray that this Hon'ble Corut may be pleased to quash the entire proceeding in C.C No.16340/2020 (in Crime No.228/2019) of Parappana Agrahara which is now pending on the file of 9th Additional Chief Metropolitan Magistrate, Bengaluru.

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WHEREFORE, we pray that this Hon'ble court be pleased to allow the accompanying application in the interest of justice.

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We, the deponent do hereby declare that what is stated above is true and correct to the best of our knowledge, information and belief and this is our signatures."

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In the light of the settlement arrived at between the

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parties, I deem it appropriate to terminate the proceedings against the petitioner in the subject petition.

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NC: 2024:KHC:36012 CRL.P No. 12431 of 2022

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Therefore, in the light of the settlement arrived at

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between the parties as afore-quoted, the following:

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ORDER

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i. Criminal Petition is disposed.

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ii. Proceedings pending in C.C.No.16340/2020 pending before the 9^th Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed qua the petitioner.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 1 Sl No.: 130 CT: BHK

Sri Ashok Abrahim Kuriakose v. State of Karnataka

Case brief

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Sri Ashok Abrahim Kuriakose v. State of Karnataka

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