Disposed

Sri Shadakshari P v. State of Karnataka by

Karnataka HC12 Dec 2024CRL.P/2357/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings for unlawful assembly and related offences. Parties settled amicably during pendency and filed a joint affidavit seeking compounding. The Court accepted the settlement, permitted compounding, and quashed the pending proceedings as it was a private dispute.

What did the court decide?

Proceedings in C.C.No.3396/2022 before Civil Judge & JMFC, Nelamangala, quashed; parties permitted to compound offences.

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

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NC: 2024:KHC:51599 CRL.P No. 2357 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. 2357 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 – 562 127.

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CHANDRASHEKAR K. R., S/O LATE K.P.REVANNA AGED ABOUT 44 YEARS R/AT KALARI VILLAGE MAGADI TALUK, RAMANAGARA PIN – 562 127.

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…PETITIONERS

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(BY SRI KEMPARAJU, ADVOCATE)

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NC: 2024:KHC:51599 CRL.P No. 2357 of 2023

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AND:

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

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MAHESH P., S/O PUTTAGANGAIAH AGED ABOUT 36 YEARS R/AT EDEHALLI VILLAGE SOMAPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN CODE – 562 123.

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…RESPONDENTS

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(BY SRI RANGASWAMY R., HCGP FOR R1; SRI SUNIL KUMAR, 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 CRIME NO. 172/2021 (CC NO. 3396/2022) FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 148, 341, 323, 324, 506 R/W 149 IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, AT NELAMANGALA BANGALORE RURAL DISTRICT.

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

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NC: 2024:KHC:51599 CRL.P No. 2357 of 2023

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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.3396/2022, pending before the Civil Judge and JMFC, Nelamangala, Bengaluru Rural, for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 506 r/w. 149 of the IPC.

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Learned counsel for the petitioners and respondent No.2 in unison would submit that the parties, during the pendency of this petition have settled their dispute amicably and file an application under Sections 320 r/w. 482 of the Cr.P.C. along with a joint affidavit seeking permission to compound the aforesaid offences.

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The application filed Sections 320 r/w. 482 of the Cr.P.C. reads as follows:

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“1. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit.

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NC: 2024:KHC:51599 CRL.P No. 2357 of 2023

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2. The averments made in the accompanying application from paras 1 to 3 for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief.

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3. Both of us Petitioners and respondent No.2 have settled the dispute and are living together presently and we have decided to put an end to the proceedings in C.C.No.3396/2022 pending on the file of Civil Judge & JMFC Nelamangala, Bengaluru Rural, for offences punishable under 143, 147, 148, 341, 323, 324, 506 R/w Sec 149 of IPC and the respondent No.2 has undertaken to withdraw the cases pending against the petitioners and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship. 4. In view of this Petitioners and Respondent No.2 humbly Prays before this Hon'ble Court be pleased to quash the entire proceedings thereon in C.C.No.3396/2022 pending on the file of Civil Judge & JMFC Nelamangala, Bengaluru Rural, for offences punishable under 143, 147, 148, 341, 323, 324, 506 R/w Sec 149 of IPC in the interest of justice and equity.”

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In the light of the afore-quoted joint affidavit of the parties and the fact that the parties have arrived at settlement, I deem it appropriate to accept the application and joint affidavit, permit the parties to compound the aforesaid offences and terminate the proceedings against the petitioners, as it is a dispute between private parties and not against the State.

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NC: 2024:KHC:51599 CRL.P No. 2357 of 2023

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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.3396/2022, pending before the Civil Judge and JMFC, Nelamangala, Bengaluru Rural, stand quashed.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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NVJ List No.: 2 Sl No.: 89 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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