Criminal petition filed under S. 482 Cr.P.C. to quash proceedings for IPC offences. Court allowed quashing as parties to the civil dispute settled amicably and filed a compoundable application under S. 320 r/w 482 Cr.P.C.
The criminal petition disposed; proceedings in C.C.No.20610/2022 stands quashed; parties permitted to compound offences.
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NC: 2024:KHC:52993 CRL.P No. 7139 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7139 OF 2023
BETWEEN:
S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS R/AT NO.430/1 DODDABELE COLONY VIDYAPETA POST KENGERI HOBLI BENGALURU SOUTH BENGALURU – 560 060.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:52993 CRL.P No. 7139 of 2023
BENGALURU – 560 060.
…PETITIONERS
(BY SRI GADILINGAPPA G. M., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI RANGASWAMY R., HCGP FOR R1; SRI H.MUNISWAMY GOWDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.20610/2022 (CR.NO.104/2022) PENDING ON THE FILE OF THE BEFORE THE HONBLE FILE OF II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AGAINST THESE PETITIONERS HEREIN FOR THE ALLEGED OFFENCE P/U/S 341, 447, 504 AND 506 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:52993 CRL.P No. 7139 of 2023
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.20610/2022, pending before the II Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 447, 504 and 506 r/w. 34 of the IPC.
Cr.P.C. reads as follows:
“1. That as per FIR it is submitted that the Complainant has alleged that the complainant institution by name
NC: 2024:KHC:52993 CRL.P No. 7139 of 2023
Peoples Education Society (PES) Institution have developed a BDA 30 acres layout at Doddabele Village, Kengeri Hobli, Bengaluru, in the meanwhile the Respondent No.2/PES have requested for the accessibility of the road formation which gives way to the Respondent No.2/PES way to their land as Public way, as such the Respondent No.2/PES was purchased the property from the Petitioner No.1 & 2 on 27-08-2018, thereafter the petitioner No.1 & 2 were troubling them one or the other way, sometimes petitioner No.1 & 2 wants re survey the property and sometimes they restrain from the usage of Public Road. Hence, the Respondent No.2/PES many times gave a notice to the Petitioner No.1 & 2 and thereafter the Government Surveyor made survey. It is further alleged that on 01-05-2022 the PES started the constructions of the Public road, even that time also the petitioner No.1 & 2 obstructed there and they have trespassed. Hence, on 05-05-2022 the Respondent No.2/PES was lodged the complaint against the Petitioner No.1 to 3, and the petitioners have approached this Hon'ble Court seeking to quash the entire proceedings in C.C.No.20610/2022 {Crime No.104/2022} pending for consideration before the Hon'ble file of II Additional Chief Judicial Magistrate at Bengaluru Rural District, in above petition.
2. That in the present case, by intervention of elders the disputes have been duly settled between the parties and they have agreed to resolve the dispute between them. That, the respondent No.2 does not wish to continue the proceedings in criminal case against the petitioner No.1 to 3.
3. That in this case the petitioners No.1 to 3 and the Respondent No.2 is presenting this Joint Memo along with application seeking leave of this Hon'ble Court to withdraw the complaint in order to resolve the dispute.”
NC: 2024:KHC:52993 CRL.P No. 7139 of 2023
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 memo and the affidavit so filed, permit the parties to compound the aforesaid offences and terminate the proceedings against the petitioners.
ORDER
(i) The criminal petition is disposed.
(ii) The proceedings in C.C.No.20610/2022, pending before the II Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.
Sd/(M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 135
1 issue framed by the court
Whether the criminal proceedings under Sections 341, 447, 504, and 506 r/w 34 IPC should be quashed on the basis of a settlement arrived at by the private parties.
7 provisions across 2 enactments
Sri Galappa
Sri Muniraju
Sri Lakshmi Narasimha
State of Karnataka
Sri Chinni Sreedhara
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
