Disposed

Sri Shadakshari P v. State of Karnataka by

Karnataka HC12 Dec 2024CRL.P/1882/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of C.C.No.3369/2022 pending before Civil Judge & JMFC Court, Nelamangala, arising out of Cr.No.175/2021 of Dobbespet Police Station, for offences under Sections 341, 323, 324, 506, 114 r/w 149 IPC. Parties settled amicably and filed joint application under Section 320 r/w 482 Cr.P.C to compound offences; High Court accepted it as allegations were not against the State.

What the court decided

AI extract

Sri Shadakshari P Vs State of Karnataka by — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:51590 CRL.P No. 1882 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1882 OF 2023

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BETWEEN:

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SRI SHADAKSHARI P., S/O PUTTAIAH G. H., AGED ABOUT 40 YEARS R/AT NO.40, 2^ND CROSS SIDEDAHALLI MAIN ROAD SAMPANGI RAMAIAH LAYOUT BONE MILL, BNG NORTH BENGALURU CITY PIN CODE – 560 073.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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DHARANESH K. B., S/O LATE BASAVARAJU K. V., AGED ABOUT 35 YEARS R/AT NO.32, BEERAVARA HAND POST SOLURU POST, MAGADI TALUK RAMANAGARA PIN – 562 127.

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…PETITIONERS

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(BY SRI KEMPARAJU, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY DOBESPETE POLICE STATION BENGALURU DISTRICT REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001.

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NC: 2024:KHC:51590 CRL.P No. 1882 of 2023

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SMT. MADHUSHREE W/O MAHESH P., AGED ABOUT 30 YEARS R/AT EDEHALLI SOMPURA HOBLI NELAMANGALA TALUK BENGALURU DISTRICT PIN CODE – 562 123.

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…RESPONDENTS

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(BY SRI RANGASWAMY R., HCGP FOR R1; SRI LAKSHMIKANTH G., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.175/2021 (C.C.NO.3369/2022) FOR THE OFFENCE P/U/S 341, 323, 324, 506, 114 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, AT NELAMANGALA BENGALURU RURAL DISTRICT.

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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 petitioners are before this Court calling in question proceedings in C.C.No.3369/2022, pending before the Civil Judge and JMFC Court, Nelamangala, Bengaluru, for the offences under Sections 341, 323, 324, 506, 114 r/w. 149 of the IPC.

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NC: 2024:KHC:51590 CRL.P No. 1882 of 2023

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Learned counsel for the petitioners and learned counsel for respondent No.2 in unison would submit that during the pendency of the these proceedings, the parties to the lis have settled the dispute among themselves amicably and file an application under Section 320 r/w. 482 of the Cr.P.C., seeking permission to compound the afore-quoted offences along with a joint affidavit.

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The application filed under Section 320 r/w. 482 of the

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Cr.P.C., reads as follows:

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“ 1. It is submitted that, the offences alleged in the C.C.No.3369/2022 are punishable under Section 341, 323, 324, 506, 114, 149 IPC. For which there is no basis and the petitioners and respondent no.2 are family members and have entered into compromise voluntarily and out of free will for the purpose of maintaing good relationship hereafter and not touching the interest of public and therefore to meet the ends of justice proceedings may be quashed.

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2. It is submitted that, the Petitioners have preferred the main petition to quash the proceedings in C.C.No.3369/2022 pending on the file of Civil Judge & JMFC Nelamangala, Bengaluru Rural arising out of Cr.no 0175/2021 of Dobbespet police station, Nelamangala circle for offences punishable u/s 341, 323, 324, 427, 506, 149.

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3. It is submitted that, in view of intervention of the elder members of the family and relatives, Petitioners and Respondent No.2 have settled the dispute and the respondent No.2 has willfully agreed to withdraw the allegations made against the petitioners.

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NC: 2024:KHC:51590 CRL.P No. 1882 of 2023

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Wherefore , the petitioners and the respondent No.2 prays before this Hon'ble Court to quash the entire proceedings thereon in C.C.No.3369/2022 pending on the file of Civil Judge & JMFC Nelamangala, Bengaluru Rural, for offences punishable under Section 341, 323, 324, 506, 114, 149 IPC. In the interest of justice and equity.”

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In the light of the afore-quoted application of the parties and though the offence alleged against the petitioners is the one punishable under Section 506 of the IPC, I deem it appropriate to accept the application and the joint affidavit and permit them to compound the offences, as the allegations are not against the State.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The proceedings in C.C.No.3369/2022, pending before the Civil Judge and JMFC Court, Nelamangala, Bengaluru, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ/List No.: 2 Sl No.: 88 CT:SS

Sri Shadakshari P v. State of Karnataka by

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Sri Shadakshari P v. State of Karnataka by

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