Cross FIRs between the same parties under IPC sections for assault, trespass and abuse were pending as counter cases. On a joint compromise application the court allowed compounding of the offences and quashed both pending trial proceedings.
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.
NC: 2024:KHC:9793 CRL.P No. 2453 of 2023 C/W CRL.P No. 7867 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 2453 OF 2023
CONNECTED WITH
CRIMINAL PETITION NO. 7867 OF 2022
IN CRL.P NO.2453/2023 BETWEEN:
BOTH NO.1 AND 2 ARE
NANDANA HOUSE, NERTHANE,
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
DHARMASTHALA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 216.
…PETITIONERS
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE FOR M/S. P.P.HEGDE ASSOCIATES)
AND:
NC: 2024:KHC:9793 CRL.P No. 2453 of 2023 C/W CRL.P No. 7867 of 2022
DAKSHINA KANNADA DISTRICT, REPRESENTED BY THE
STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
AGED ABOUT 32 YEARS, S/O M.P.MARCOS, R/AT NANDI BETTA HOUSE, GARDADI VILLAGE, BELTHANGADY TALUK, D.K.DISTRICT - 574 216.
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1/STATE; SRI. SHETTY DEEPAK, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL CASE PENDING IN C.C.NO.490/2022 (ARISING FROM CRIME NO.58/2021 OF DHARMASTHALA POLICE STATION), ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC COURT, BELTHANGADY, DAKSHINA KANNADA DISTRICT, FOR THE OFFENCES P/U/S 447, 323, 324, 504, 506 R/W 34 OF IPC.
IN CRL.P NO.7867/2022 BETWEEN:
S/O LATE JOSEPH,
AGED ABOUT 70 YEARS,
R/AT NANDANA HOUSE MALLARMADY, DHARMASTALA, VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 216.
Page No.2 is retyped and replaced vide Court order dated 14/06/2024.
NC: 2024:KHC:9793 CRL.P No. 2453 of 2023 C/W CRL.P No. 7867 of 2022
…PETITIONERS
(BY SRI. SHETTY DEEPAK, ADVOCATE)
AND:
S/O NAYANACHAN, AGED ABOUT 33 YEARS, OCCUPATION: FORMER, R/O NANDANA HOUSE, NERTHANE,
DHARMASTALA VILLAGE, BELTHANGADI TALUK, DAKSHINA KANNADA DISTRICT - 574 216.
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE FOR M/S. P.P.HEGDE ASSOCIATES, FOR R1; SMT. RASHMI PATEL, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE ENTIRE PROCEEDINGS OF THE C.C.NO.492/2022 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, BELTHANGADI IN DHARMASTHALA P.S., CR.NO.57/2021 PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC, BELTHANGADI IN DHARMASTHALA ON THE COMPLAINT FILED BY THE FIRST RESPONDENT AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES P/U/S 504, 323, 324, 506 R/W 34 OF IPC BY ALLOWING THIS CRL.P WITH COST THROUGHOUT.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
Page No.3 is retyped and replaced vide Court order dated 14/06/2024.
ORDER
Criminal Petition No.2453/2023 is filed by the petitionersaccused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the proceedings in C.C. No.490/2022, arising from Crime No.58/2021 registered by Dharmasthala Police Station, now pending on the file of the Additional Civil Judge and JMFC Court, Belthangady, Dakshina Kannada District, for the offences punishable under Sections 447, 323, 324, 504, 506 read with Section 34 of IPC.
NC: 2024:KHC:9793 CRL.P No. 2453 of 2023 C/W CRL.P No. 7867 of 2022
compromise application in I.A. No.1/2024 under Section 320 read with Section 482 of Cr.P.C. submitting that the parties have settled the dispute between them.
Sd/JUDGE
CS_List No.: 2 Sl No.: 1_CT:SK
1 issue framed by the court
Whether cross-case criminal proceedings between the same parties could be compounded and quashed following a joint compromise application?
3 provisions across 2 enactments
Nithin
Nayanachan
State of Karnataka through Sub-Inspector of Police, Dharmasthala Police Station
Avith Roshan
Vincent Josheph Goerge
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
