Disposed

Madivala Ramachandra Rao Sreekanth @ Sreekanth M.R. v. the State by Basavanagudi Police Station

Karnataka HC17 Dec 2024CRL.P/5158/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition seeking quashing of proceedings under CrPC Section 482. The court accepted a settlement affidavit filed by the petitioner and respondent No.2, terminated the criminal case, and quashed proceedings against the petitioner.

What did the court decide?

The criminal petition is disposed of; proceedings in C.C.No.1048/2022 qua the petitioner stand quashed.

Madivala Ramachandra Rao Sreekanth @ Sreekanth M.R. Vs… — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:52943 CRL.P No. 5158 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^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. 5158 OF 2023

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BETWEEN:

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MADIVALA RAMACHANDRA RAO SREEKANTH @ SREEKANTH M.R. S/O LATE RAMACHANDRA RAO, AGED ABOUT 70 YEARS, R/AT NO.201, 3^RD FLOOR, RAJAHAMSA, BRUNDHAVAN APARTMENT, 1^ST ROAD, NEWTOWN, ANANTHAPURA, ANDHRA PRADESH - 515 004

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Digitally signed by NAGAVENI Location: HIGH (BY SRI. A V RAMAKRISHNA, ADVOCATE) COURT OF KARNATAKA AND:

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…PETITIONER

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THE STATE BY BASAVANAGUDI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BENGALURU-560001

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NC: 2024:KHC:52943 CRL.P No. 5158 of 2023

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2. G.V. RAGHAVENDRA

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PUBLIC RELATION OFFICER, SHREE VYASARAJA MUTT (SOSALE) NO.1, BENNE GOVINDAPPA ROAD, GANDHI BAJAR, BASAVANAGUDI, BENGALURU-560004.

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. VENKATESH S. ARBATTI, ADV. FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ORDER DATED 03.01.2022 PASSED BY THE IV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.1048/2022 THEREBY TAKING COGNIZANCE OF THE OFFENCE P/U/S 420, 465, 417, 120B, 149, 406 OF IPC AND ISSUANCE OF PROCESS AGAINST THE PETITIONER AS PER ANNEXURE-A, CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS AGAINST HIM AND GRANT SUCH OTHER RELIEF / RELIEFS AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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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:52943 CRL.P No. 5158 of 2023

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question the proceedings in C.C.No.1048/2022 registered for offences punishable under Sections 420, 465, 417, 120B, 149, 406 and 409 of the IPC, pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru.

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During the pendency of this petition, the parties to the lis have settled the dispute amongst themselves and have filed such joint affidavit of compromise. The same read as follows:

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" JOINT AFFIDAVIT FILED BY PETITIONER & RESPONDENT NO.2

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WE, 1). Madivala ramachandra Rao Sreekanth @Sreekanth M.R S/o Late Ramachandra Rao, Aged about 71 years, R/at No.201, 3^rd Floor, Rajahamsa, Brundhavan Apartment, 1^st Road, Newtown, Ananthapura, Andra Pradesh-515004, today at Bengaluru, and 2).G.V.Raghavendra, Public Relation Officer, Shree Vysaraja Mutt (Sosale). No. 1, Benne Govindappa Road, Gandhi Bajar, Basavanagudi, Bengaluru-560004, does hereby solemnly affirm and state on oath as follows:-

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The 1^st party herein is the petitioner in the above case and the 2^nd party herein is Complaint/

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NC: 2024:KHC:52943 CRL.P No. 5158 of 2023

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Respondent No.2, we both aware about the facts and circumstances of the case.

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2.We state that, during the pendency of criminal proceedings against the 1st Party, due to the intervention of the elders and well-wishers, we have decided to enter a compromise by way of mutual and oral understanding between us before this Hon'ble court in the interest justice.

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That, the 2nd Party has no objection for quashing of the criminal case in CC.No.1048/2022 (Crime No-82/2022) pending on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore as per their mutual and oral understanding between them.

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The Respondent No.2 further state that there is no coercion or compulsion on him to compound the offence, as he is filing accompanying application and this affidavit out of his freewill and volition and has agreed to compound the case.

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In the circumstances stated above, we most respectfully pray that, this Hon'ble Court may be pleased to allow the accompanying application and quash the entire proceedings in C.C.1048/2022 against the petitioner herein for the alleged offence punishable under sections 120B, 149, 406, 409, 420, 465 and 417 of the IPC, in the interest of justice and equity.

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We the deponent does hereby solemnly affirm and state on oath that the contents of this affidavit are true and correct to the best of our knowledge, information and belief. This is our true name and signature."

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An application for compounding in the light of the

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settlement is also placed before this Court. The same is taken on record.

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NC: 2024:KHC:52943 CRL.P No. 5158 of 2023

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In the light of the settlement arrived at between the

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parties and the offences not being against the State, I deem it appropriate to accept the application seeking compounding of

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the offence and terminate the proceedings, qua the petitioner.

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For the aforesaid reasons, the criminal petition is disposed. The proceedings in C.C.No.1048/2022, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, qua the petitioner, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 3 Sl No.: 24

Madivala Ramachandra Rao Sreekanth @ Sreekanth M.R. v. the State by Basavanagudi Police Station

Case brief

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Madivala Ramachandra Rao Sreekanth @ Sreekanth M.R. v. the State by Basavanagudi Police Station

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