Disposed

Sri. Siddalingaswamy v. the State of Karnataka

Karnataka HC23 Oct 2024CRL.P/3148/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C sought quashing of proceedings for offences under Sections 504, 323, 506 IPC and Sections 3 and 4 of the Karnataka Prohibition Charging Exorbitant Interest Act, arising from a private dispute. The parties settled; on a joint affidavit seeking compounding, the Court accepted it and terminated the proceedings.

What the court decided

AI extract

Sri. Siddalingaswamy Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:42767 CRL.P No. 3148 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 3148 OF 2023

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BETWEEN:

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SRI. SIDDALINGASWAMY, S/O CHANDRAPPA, AGED ABOUT 43 YEARS, R/AT T.B. EXTENTION OPP. COURT, NAGAMANGALA, MANDYA DISTRICT - 571 432.

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…PETITIONER

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(BY SRI. N.T. HAREESH KUMAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA NAGAMANGALA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SRI. PRASAD N.G, S/O LATE GURUSIDDEGOWDA N.C, AGED ABOUT 53 YEARS, R/AT NARAGONDANAHALLI BINDIGA NAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432.

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…RESPONDENTS

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(BY SRI. HARISH GANAPATHY, HCGP FOR R1; SRI. S.M. DARSHAN, 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 C.C.NO.379/2018 REGISTERED BY THE FIRST RESPONDENT POLICE/NAGAMANGALA POLICE AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 504, 323, 506 OF INDIAN PENAL CODE AND 3 AND 4 OF KARNATAKA

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NC: 2024:KHC:42767 CRL.P No. 3148 of 2023

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PROHIBITION CHARGING EXORBITANT INTEREST ACT-2004 WHICH IS PENDING ON THE FILES OF SENIOR CIVIL JUDGE AND J.M.F.C, NAGAMANGALA AS PER ANNEXURE D.

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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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Heard the learned counsel Sri.N.T.Hareesh Kumar, appearing for the petitioner, Sri.Harish Ganapathy, the learned High Court Government Pleader appearing for respondent No.1 and the learned counsel Sri.S.M.Darshan, appearing for respondent No.2.

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The petitioner is before this Court calling in question

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the proceedings in C.C.No.379/2018 pending on the file of the Senior Civil Judge and J.M.F.C., Nagamangala.

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During the pendency of this petition, the parties to the lis have settled the dispute amongst themselves. An application for compounding in the light of the settlement is also placed before this Court in support of the joint affidavit. The joint affidavit, reads as follows:

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NC: 2024:KHC:42767 CRL.P No. 3148 of 2023

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"The petitioner named above respectfully submits as here under:

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The petitioner herein preferred above petition to quash the criminal proceedings against him Crime No.121/2015, which is registered as CC No.379/2016, pending before Senior Civil Judge and JMFC, Nagamangala, and therefore seeking indulgence of this Hon'ble Court.

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It is submitted that, petitioner and respondent No.2, known to each other due to various reasons in an unavoidable circumstances has filed complaint before respondent No.1 police for the alleged offences.

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It is submitted that, the offences are non compoundable in nature against the petitioner and hence seeking indulgence of this Hon'ble Court to quash the proceedings. It is submitted that there is no property involved in the dispute and it is between private parties and no public interest or property will be affected if the proceedings were quashed. It is submitted that if the application is not allowed the parties will be put to great hardship and injury and the purpose of mediation/settlement will be vitiated.

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It is submitted that, the complainant is major and educated and also capable of take decision decided to withdraw the complaint or not interested in prosecuting the matter and hence the continuation of proceedings are nothing but abuse of process of law and there is no coercion or undue influence to the respondent No.2, in agreeing to withdraw or to quash the proceedings against the petitioner.

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Wherefore, the petitioner and respondent No.2, prays that, this Hon'ble Court may be pleased to permit them to compound the offences in Crime No.121/2015, which is registered as CC No.379/2018, pending before Senior Civil Judge & JMFC, Nagamangala, for the offences punishable under Sections 504, 323, 506 of IPC, 3 & 4

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4 - NC: 2024:KHC:42767 CRL.P No. 3148 of 2023

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of Karnataka Prohibition Charging Exorbitant Interest Act-2004 , in the interest of justice and equity."

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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 application seeking compounding of the offence and terminate the proceedings, qua the petitioner.

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For the aforesaid reasons, the petition is disposed. The proceedings in C.C.No.379/2018 pending on the file of the Senior Civil Judge and J.M.F.C., Nagamangala, qua the petitioner, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 1 Sl No.: 84 CT: BHK

Sri. Siddalingaswamy v. the State of Karnataka

Case brief

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Sri. Siddalingaswamy v. the State of Karnataka

Case brief

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