Allowed

T Suresh Babu v. State of Karnataka

Karnataka HC8 Jan 2024CRL.P/6869/2023

Case brief

AI extract

What is this about?

A criminal petition sought quashing of proceedings arising from a complaint over continuance of a partnership firm after the complainant's husband's death. Both parties filed an application to compound the offence; the court permitted compounding, allowed the application, and quashed the proceedings.

What did the court decide?

I.A.No.1/2024 allowed; parties permitted to compound; proceedings in Crime No.247/2023 / PCR No.5744/2023 quashed.

T Suresh Babu Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:914 CRL.P No. 6869 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 6869 OF 2023

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BETWEEN:

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T. SURESH BABU S/O LATE A.R.THANGAVELU, AGED ABOUT 54 YEARS,

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SMT. SWAPNA BABU W/O T. SURESH BABU, AGED ABOUT 44 YEARS, BOTH ARE R/AT NO.332, 10^TH CROSS, M.S.R NAGAR, MATHIKERE, BENGALURU - 560 054.

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…PETITIONERS

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(BY SRI. PARASHURAM R. HATTARAKIHAL, ADVOCATE)

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AND:

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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STATE OF KARNATAKA BY RAJAGOPALANAGAR P.S., BENGALURU. REPRESENTED BY SPP, HIGH COURT BUILDINGS, BENGALURU - 560 001.

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SMT. MANJULA C W/O LATE R. ANAND, AGED ABOUT 47 YEARS, R/AT NO.772/3, 1^ST FLOOR, 6^TH CROSS, 1^ST MAIN ROAD, L.N.COLONY, YASHWANTHPUR, BENGALURU - 560 022.

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…RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. LAKSHMIKANTH K., ADVOCATE FOR R2)

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NC: 2024:KHC:914 CRL.P No. 6869 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN PCR NO.5744/2023 AGAINST THE PETITIONERS INITIATED BY THE RESPONDENT NO.2, PENDING ON THE FILE OF THE VII ADDL. CMM AT BENGALURU FOR THE ALLEGED OFFENES U/S 506 R/W 34, 504, 419, 420, 468 AND 471 OF IPC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioners/accused

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Nos.1 and 2 under Section 482 of Cr.P.C., for quashing the FIR in Crime No.247/2023 registered by Rajagopal nagar police station, arising out of PCR referred by the Magistrate on the complaint filed by the respondent No.2 in PCR No.5744/2023 for the offence punishable under Sections 506, 504, 419, 420, 468, 471 and 34 of IPC, pending on the file of VII Addl. CMM, Bengaluru.

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During the pendency of the petition, both petitioner and respondent No.2 appeared through their respective counsel and filed application under Section 320 read with 482 of Cr.P.C., seeking permission of this court for compounding the offence. The petitioner said

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NC: 2024:KHC:914 CRL.P No. 6869 of 2023

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to be partner of the husband of the respondent No.2 and after the death of husband of the respondent No.2, they continued the firm in the name of the petitioner. Aggrieved by the same, the respondent filed the complaint and got it referred to the police . Now she has appeared before the court and submits she has no objection to compound the offence. Consequently, quash the criminal proceedings against accused persons.

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The said submission of both learned counsel for

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the petitioner learned counsel for the respondent, is placed on record.

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Considering the facts and circumstances of the case, also considering that the alleged offence is compoundable one, I.A.No.1/2024 is hereby allowed. The parties are permitted to compound the offence.

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Accordingly, this petition is allowed .

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NC: 2024:KHC:914 CRL.P No. 6869 of 2023

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The criminal proceedings filed against the petitioners/accused Nos.1 and 2 in Crime No.247/2023 registered by Rajagopal Nagar police station, arising out of PCR referred by the Magistrate, on the complaint filed by the respondent No.2 in PCR No.5744/202, pending on the file of VII Addl. CMM, Bengaluru, is hereby quashed.

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Sd/JUDGE

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AKV List No.: 1 Sl No.: 67 CT:SK

T Suresh Babu v. State of Karnataka

Case brief

What is this about?

What did the court decide?

T Suresh Babu v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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