Disposed

Rajashekar G v. State of Karnataka

Karnataka HC18 Dec 2024CRL.P/2090/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR for cheating, criminal breach of trust and criminal intimidation. The dispute was settled and a compromise petition with affidavits was filed. The court accepted the settlement, noting the offences were not against the State, and quashed the proceedings qua the petitioners.

What did the court decide?

Proceedings in Crime No.84/2024 pending before IV ACMM Bengaluru quashed qua the petitioners.

Rajashekar G Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:52751 CRL.P No. 2090 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2090 OF 2024

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BETWEEN:

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RAJASHEKAR G

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S/O GANGAIAH

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AGED ABOUT 39 YEARS, R/AT NO.B-909, GODREJ PLATINUM, BALLARI ROAD, HEBBAL, BANGALORE - 560092

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MOHAN DEV M

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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S/O L.MAHADEVASWAMY AGED ABOUT 39 YEARS R/AT 676, RAILWAY STATION ROAD, CHIKKABANAWARA BANGALORE

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…PETITIONERS

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(BY SRI. VENKATESH P. DALWAI, ADVOCATE)

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NC: 2024:KHC:52751 CRL.P No. 2090 of 2024

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AND:

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STATE OF KARNATAKA

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BY ANNAPOORNESHWARINAGAR PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001

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R SUKUMAR

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S/O M.V. RAMACHANDRAPPA

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AGED ABOUT 39 YEARS, NO.844, G/F, 12^TH MAIN ROAD, VINAYAKA LAYOUT, 2^ND STAGE, NAGARABHAVI, BANGALORE

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…RESPONDENTS

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(BY SRI. RANGASWAMY R., HCGP FOR R1; SRI. V. LAKSHMIKANTH RAO, ADV. FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.84/2024 REGISTERED BY THE RESPONDENT NO.1 ANNAPOORNESHWARINAGAR POLICE STATION PENDING ON THE FILE OF THE IV ACMM AT BENGALURU FOR THE OFFENCE P/U/S.406,420,506 R/W SEC.34 OF IPC PRODUCED AT DOCUMENT NO.1 IN SO FAR AS PETITIONER IS CONCERNED.

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

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NC: 2024:KHC:52751 CRL.P No. 2090 of 2024

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard the learned counsel Sri.Venkatesh P. Dalwai, appearing for the petitioners, the learned High Court Government Pleader Sri.Rangaswamy R., appearing for respondent No.1 and the learned counsel Sri.V.Lakshmi Kanth Rao., appearing for respondent No.2.

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The petitioners are before this Court calling in question the registration of crime in Crime No.84/2024 by Annapoorneshwari Nagar Police Station pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru.

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The learned counsel for the parties would submit

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that the matter has been settled between them and have filed affidavit by the petitioners. The affidavit, reads as follows:

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" AFFIDAVIT

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I, Rajashekar.G, S/o Gangappa, Aged about 39 years R/at No.B-909, Godrej Platinum, Ballari Road, Hebbal, Bangalore-560092 hereby solemnly affirms and state on oath as follows:-

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NC: 2024:KHC:52751 CRL.P No. 2090 of 2024

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I state that, I am the petitioner No.1 in the above case, I know the facts and circumstances of the case, hence I am swearing to this affidavit.

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I state that, I have filed the above case seeking quash the entire proceedings in Crime No.0084/2024 before the learned IV ACMM for the offences punishable under Section 406, 420, 506 R/w 34 of IPC.

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I state that due to intervention of friends and well wishers, the dispute between me and the respondent No.2 is settled and entered compromise petition and filed the same before this Hon'ble High Court on 6.12.2024.

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I state that, I agreed to the terms and conditions of the compromise petition. I have signed the compromise petition voluntarily.

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I state that, since we have entered compromise petition the above case may kindly be pleased to close by quashing the Crime No.0084/2024 before the learned IV ACMM for the offences punishable under Section 406, 420, 506 R/w 34 of IPC in the interest of justice and equity.

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What is stated above is true and correct

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Identified by Me."

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In the light of the settlement arrived at between the parties and the offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings, qua the petitioners.

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For the aforesaid reasons, the criminal petition is

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disposed. The proceedings in Crime No.84/2024 registered by Annapoorneshwari Nagar Police Station, pending on the file of

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NC: 2024:KHC:52751 CRL.P No. 2090 of 2024

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the IV Additional Chief Metropolitan Magistrate, Bengaluru, qua the petitioners, stand quashed.

Sd/-

(M.NAGAPRASANNA)

JUDGE

KG List No.: 1 Sl No.: 147

Rajashekar G v. State of Karnataka

Case brief

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Rajashekar G v. State of Karnataka

Case brief

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