The High Court accepted an application to compound the offence under Section 338 IPC, noting that the parties had settled the dispute and the complainant did not intend to proceed. Consequently, the impugned FIR and complaint were quashed.
FIR and complaint in Crime No.559/2023 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:41280 CRL.P No. 13007 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13007 OF 2023
BETWEEN:
SHUBANKARI P. RAO, W/O PADMANABHA RAO, AGED ABOUT 67 YEARS, OCC: AYURVEDIC DOCTOR, R/AT NO.66/3, DHANWANTRI RAO, VANIVILAS ROAD, NEAR NATIONAL COLLEGE, FLYOVER BASAVANAGUDI, BANGALORE SOUTH, BASAVANAGUDI, BANGALORE - 560 004.
…PETITIONER
(BY SRI. DINESHKUMAR RAO K, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. SOWMYA R, HCGP FOR R1; SRI. R. SWAROOP ANAND, ADVOCATE FOR R2)
NC: 2024:KHC:41280 CRL.P No. 13007 of 2023
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONER IN CR.NO.559/2023 OF GIRINAGAR POLICE STATION, BENGALURU PENDING ON THE FILE OF XXXII ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU (FIR REGISTERED FOR THE OFFENCE P/U/S 338 OF IPC).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question registration of FIR and complaint in Crime No.559/2023 of Girinagar Police Station, Bengaluru pending before the XXXII Additional CMM Court, Nrupatunga Road, Bengaluru for the offence punishable under Section 338 of Indian Penal Code, 1860 (hereinafter referred to as IPC for short).
Rao K., appearing for the petitioner, Smt. Sowmya R., learned HCGP appearing for respondent No.1 and learned
NC: 2024:KHC:41280 CRL.P No. 13007 of 2023
counsel Sri. R. Swaroop Anand appearing for respondent No.2.
4. The application reads as follows:
"APPLICATION UNDER SECTIONS 528 r/w 359(2) OF B.N.S.S FOR COMPOUNDING
The Petitioner most humbly submits as follows:
NC: 2024:KHC:41280 CRL.P No. 13007 of 2023
and the respondent no.2 has acknowledged the same and she has settled the matter amicably.
It is therefore prayed that this Hon'ble High Court may be pleased to permit Petitioner and Respondent no.2 to compound the offences and quash the registration of FIR and Compliant against the Petitioner in crime no.559/2023 of Girinagar police station, Bengaluru, pending of the file of 32nd Additional CMM Court, Nrupatunga road, Bengaluru (FIR registered for offence punishable under section 338 of IPC), in the interest of justice."
5. In the light of the afore-quoted application, I
deem it appropriate to accept the application and terminate the impugned proceedings, as the dispute is between private parties and the allegations are not against the State.
NC: 2024:KHC:41280 CRL.P No. 13007 of 2023
For the aforesaid reasons the following:
ORDER
Sd/(M.NAGAPRASANNA)
JUDGE
BVK
List No.: 1 Sl No.: 156 CT: BHK
1 issue framed by the court
Whether the FIR and complaint against the petitioner for an offence under Section 338 IPC should be quashed on the ground that the parties have settled the dispute?
3 provisions across 3 enactments
SHUBANKARI P. RAO
THE STATE OF KARNATAKA
GANGAMMA
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
