Disposed

P. Lokesh, v. State of Karnataka by

Karnataka HC13 Dec 2024CRL.P/4682/2023

Case brief

AI extract

What is this about?

A criminal petition sought quashing of trial proceedings for forgery and cheating offences under Sections 419, 420, 461, 465, 468 and 471 r/w 34 IPC. Parties settled amicably and filed a Section 320 r/w 482 application with a joint affidavit to compound; the court accepted it and quashed the proceedings.

What did the court decide?

Proceedings in C.C.No.16282/2015 pending before IV Addl. CMM, Bengaluru, quashed on compounding of offences.

P. Lokesh, Vs State of Karnataka by — Quashing and FIR | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:53001 CRL.P No. 4682 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 13^TH DAY OF DECEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4682 OF 2023

¶6

BETWEEN:

¶7

P.LOKESH S/O PRAKASH AGED ABOUT 33 YEARS RESIDING AT NO. 107 BLOAM FIELD GARDEN RAMCHANDRAPURA MAIN VIDYARANYAPURA BENGALURU – 560 097.

¶8

…PETITIONER

¶9

(BY SRI SUNIL KUMAR S., ADVOCATE)

¶10

AND:

¶11

STATE OF KARNATAKA BY VIDYARANYAPURA P.S., Digitally signed by NAGAVENI BENGALURU. Location: HIGH REPRESENTED BY SPP COURT OF HIGH COURT BUILDING COMPLEX KARNATAKA BENGALURU – 01.

¶12

SRI JAYANTHI LAL S/O POOK RAJ AGED ABOUT 59 YEARS R/AT NO. 20, 2^ND FLOOR HOSPITAL ROAD BENGALURU – 560 053.

¶13

…RESPONDENTS

¶14

(BY SRI RANGASWAMY R., HCGP FOR R1;

¶15

¶16

NC: 2024:KHC:53001 CRL.P No. 4682 of 2023

¶17

SRI TEJESHWAR K., ADVOCATE FOR R2)

¶18

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND THE PROCEEDINGS THEREON IN C.C.NO.16282/2015 (CR.NO.102/2013 OF VIDYARANYAPURA P.S.) FOR THE OFFENCE P/U/S 419, 420, 461, 465, 468, 471 R/W 34 OF IPC PENDING ON THE FILE OF IV ADDL.C.M.M., BENGALURU.

¶19

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶20

ORAL ORDER

¶21

The petitioner is before this Court calling in question proceedings in C.C.No.16282/2015, pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 419, 420, 461, 465, 468, 471 r/w. 34 of the IPC.

¶22

Learned counsel for the petitioner and respondent No.2

¶23

in unison would submit that during the pendency of this petition, the parties to the lis 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.

¶24

¶25

NC: 2024:KHC:53001 CRL.P No. 4682 of 2023

¶26

3. The joint affidavit reads as follows:

¶27

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

¶28

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.

¶29

3. Both of us Petitioners and Respondent No.2 have settled the dispute and we have decided to put an end to the proceedings in C.C. No. 16282/2015 for the offences p/u/s 419, 420, 461, 465, 468, 471 r/w 34 of IPC pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru, and the Respondent No.2 has undertaken to withdraw the cases pending against the Petitioner and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship.

¶30

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. 16282/2015 for the offences p/u/s 419, 420, 461, 465, 468, 471 r/w 34 of IPC pending before the IV Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice.”

¶31

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

¶32

¶33

NC: 2024:KHC:53001 CRL.P No. 4682 of 2023

¶34

For the aforesaid reasons, I pass the following:

¶35

ORDER

¶36

(i) The criminal petition is disposed.

¶37

(ii) The proceedings in C.C.No.16282/2015, pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

¶38

Sd/(M.NAGAPRASANNA)

¶39

JUDGE

¶40

NVJ List No.: 1 Sl No.: 98

P. Lokesh, v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

P. Lokesh, v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Shadakshari P Vs State of Karnataka by

Sri Shadakshari P Vs State of Karnataka by

M/S Guru Fab Vs G P Steel

Sri K Rahman Khan Vs Directorate of Enforcement

Sri Maqsood Ali Khan Vs the Assistant Director

Sri Galappa Vs the State of Karnataka