Disposed

Hosahalli Nanjundi v. the State of Karnataka

Karnataka HC19 Dec 2024CRL.P/14084/2024

Case brief

AI extract

What is this about?

Petition to quash proceedings for offences under Sections 384, 504 and 506 read with Section 34 IPC after the complainant settled with the petitioner and filed a compounding application. The Court accepted the compounding, as the offences were not against the State, and quashed the proceedings qua the petitioner.

What did the court decide?

Proceedings in CC.No.3729/2022 (Crime No.149/2020) pending before Additional Senior Civil Judge and JMFC, Kunigal, quashed qua petitioner.

Hosahalli Nanjundi Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:53093 CRL.P No. 14084 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.14084 OF 2024

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BETWEEN:

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HOSAHALLI NANJUNDI S/O.DEVARAJU AGED ABOUT 31 YEARS OCC: FARMER R/AT HOSAHALLI VILLAGE KASABA HOBLI KUNIGAL TALUK TUMKURU-562 123

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…PETITIONER

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(BY SRI DINESH KUMAR K.RAO AND MS.POOJA KATTIMANI, ADVOCATES)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY KUNIGAL POLICE STATION (REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001

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SRI SANDEEP S/O.NAGANNA AGED ABOUT 32 YEARS OCCUPATION:BUSINESSMAN KODAVATHI VILLAGE HULIYURUDURGA HOBLI KUNIGAL TALUK TUMKURU-572 123

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…RESPONDENTS

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(BY SRI B.N.JAGADEESH, ADDL.SPP FOR R-1; SRI ESHWARA H.H., ADVOCATE FOR R-2)

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2 - NC: 2024:KHC:53093 CRL.P No. 14084 of 2024

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC. (UNDER SECTION 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.3729/2022 (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 384, 504 AND 506 READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard Sri Dinesh Kumar K.Rao, learned counsel

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appearing for petitioner, Sri B.N.Jagadeesh, learned Additional SPP appearing for respondent No.1 and Sri Eshwara H.H., learned counsel appearing for respondent No.2.

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The petitioner is before this Court seeking to quash the entire criminal proceedings against thepetitioner in CC.No.3729/2022 for the offences punishable under Sections 384, 504 and 506 read with Section 34 of IPC pending on the file of the Additional Senior Civil Judge and JMFC, Kunigal.

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NC: 2024:KHC:53093 CRL.P No. 14084 of 2024

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Learned counsel for the parties would submit that the matter has been settled between them and have filed an application under Section 482 read with Section 320(8) of Cr.PC. along with an affidavit. The application reads as follows:

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"1. That on a complaint by respondent no.2 Sandeep S/o Naganna on 7/12/2020 before the Huliyurudurga Police Station, Kunigal, the PSI of Huliyurudurga Police station, Kunigal registered a case in their Crime No.149/2020 for the offences punishable under Sections 384, 504, 506, r/w 149 of IPC. against petitioner and 5 others and after investigation have filed charge sheet against petitioner and 2 others for offences punishable under sections 384, 504, 506, r/w 34 of IPC and after investigation have filed charge sheet against petitioner and 2 others.

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2. It is humbly submitted by Petitioner that he is nowhere concerned to the alleged incident and petitioner denies the entire case of the prosecution. Further complainant submits that he has no grievance in respect of present petitioner and as such he does not intend to proceed with the case as against petitioner and they have no dispute between themselves. Under these circumstances, the Respondent no.2 does not intend to proceed with the case against the Petitioner and he voluntarily without any undue influence as decided not to proceed with criminal case against the Petitioner. That in view of the facts and circumstances Respondent no.2 does not intend

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NC: 2024:KHC:53093 CRL.P No. 14084 of 2024

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to proceed with the Criminal case and prays that this Hon'ble High Court may be pleased to permit the parties to compound and quash the proceedings as against the Petitioner.

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xxxxxxxxxxx"

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In the light of the settlement arrived at between

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the parties and the offences not being against the State, I deem it appropriate to accept the application seeking compounding of the offence and terminate the

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proceedings, qua the petitioner.

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For the aforesaid reasons, the criminal petition is disposed. The proceedings in CC.No.3729/2022 (Crime No.149/2020) pending on the file of the Additional Senior

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Civil Judge and JMFC, Kunigal, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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List No.: 3 Sl No.: 15

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Hosahalli Nanjundi v. the State of Karnataka

Case brief

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Hosahalli Nanjundi v. the State of Karnataka

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