Petitioners sought quashing of a Section 500 IPC defamation case. The parties had settled their disputes through mediation, and the court quashed the proceedings against the petitioners.
Proceedings in C.C.No.21828/2022 (PCR No.13489/2021) pending before XXX ACMM, Bangalore, quashed against petitioners.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1921 OF 2023
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. VISHNUMURTHY, ADVOCATE)
AND:
KULLACHANDA CHINNAPPA SUBBAIAH S/O LATE K.P. CHINNAPPA,
AGED ABOUT 74 YEARS, R/A B-3003, GOLD SUMMIT, DODDAGUBBI, KOTHANOOR, BANGALORE-560 077
…RESPONDENT
(BY SRI. M.M. ASHOKA, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.21828/2022 (PCR NO.13489/2021) FOR AN OFFENCE U/S 500 OF I.P.C. PENDING ON THE FILE OF XXX ACMM, BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners call in question the proceedings in C.C.No.21828/2022 registered for an offence punishable under Section 500 of the IPC.
for the petitioners, Sri. M.M. Ashoka, learned counsel appearing for the respondent and have perused the material on record.
it transpires that the parties to the lis have entered into a
settlement and the memorandum of settlement reads as
follows:
“ MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
The parties above named submit as follows:-
II. The aforesaid suit was referred to mediation for resolving the disputes between the parties. During the course mediation, the Plaintiffs and the 1st Defendant along with their respective counsels were present, they have resolved their disputes and have agreed to the following terms and conditions:
defendant filed MFA 8354/2019 before Hon'ble High Court of Karnataka, which is pending adjudication.
a. ICICI Bank Account 004701507918, Bengaluru.
b. Union Bank account 520101215660958 (earlier Corporation Bank account 23091) Virajpet, Kodagu.
NC: 2024:KHC:44249 CRL.P No. 1921 of 2023
a) CRL.A1174/2023 filed by the Plaintiff against the Defendant No.1 pending in Sessions Court, Bangalore.
b) MFA 8354/2019 filed by the 1st defendant against the order of M.C.3499/2014 pending before the High Court of Karnataka, Bengaluru.
c) PCR 6266/2023 filed by the 1st Defendant against the Plaintiff, pending before, the CMM Court, Bangalore.
d) C.C.25860/2015 pending before the court of 30th ACMM, Bengaluru filed by the 1st defendant against the plaintiff.
NC: 2024:KHC:44249 CRL.P No. 1921 of 2023
III. In view of the aforesaid agreement entered into between the parties, the parties pray Hon'ble Court be pleased to pass Final Decree in terms of this agreement in the interest of justice and equity.
IV. In view of the aforesaid agreement, the plaintiff prays for refund of the institution court fee.
V. Parties will appear on 04.04.2024 before the Court for passing orders in terms of the agreement."
parties as afore-quoted, I pass the following:
ORDER
Sd/(M.NAGAPRASANNA)
JUDGE
SJK List No.: 2 Sl No.: 24 CT:SNN
1 issue framed by the court
Should the criminal proceedings in C.C.No.21828/2022 under Section 500 IPC be quashed in light of the parties' settlement?
2 provisions across 2 enactments
DR. CHOWDAPPA BHASKAR
M.G. SHANKAR
B.S. KUMAR SWAMY
SMT. DEEPIKA BHASKAR
KULLACHANDA CHINNAPPA SUBBAIAH
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
