Disposed

Mr Praveen Gaikawad H v. State of Karnataka

Karnataka HC21 Aug 2024CRL.P/8351/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.PC to quash an FIR for BNS offences arising from a private dispute. The parties filed a joint affidavit recording their settlement; the Court accepted the compounding application and quashed the FIR qua the petitioner.

What did the court decide?

FIR in Crime No.370/2024 of Marathahalli Police Station quashed qua petitioner on compounding of offences.

Mr Praveen Gaikawad H Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:33759 CRL.P No. 8351 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 8351 OF 2024

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BETWEEN:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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MR PRAVEEN GAIKAWAD H S/O LATE HANUMANTHA RAO AGED ABOUT 48 YEARS R/AT NO.38/1, YASHODA NIVAS, ISRO LAYOUT, OPPOSITE TO MANJUNATHA LAYOUT BEHIND GOVERNMENT SCHOOL MUNNEKOLALA, MARATHA HALLI POST, BENGALURU NORTH BENGALURU - 560037 …PETITIONER

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(BY SRI. THILAK RAJ S.V., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY MARATHAHALLI POLICE STATION (REP. BY STATE PUBLIC PROSECUTOR) HIGH COURT COMPLEX, BANGALORE - 560001

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NC: 2024:KHC:33759 CRL.P No. 8351 of 2024

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MR. C K MANJUNATHA

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S/O LATE KRISHNA MURTHY R/AT NO.34/1,

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SRI MANJUNATHA NILAYA, 4^TH MAIN, BEHIND SHANKARI APARTMENT, ITTAMADU, HOSAKEREHALLI,

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BENGALURU - 560085

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI/SMT RINKU D. JAIN, ADV. FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.370/2024 OF MARATHALLI POLICE STATION FOR THE OFFENCE P/U/S 117(2), 118(1), 352 BNS, NOW PENDING ON THE FILE OF THE LEARNED 29TH ADDL. CMM, MAYOHALL, BENGALURU.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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3 - NC: 2024:KHC:33759 CRL.P No. 8351 of 2024

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ORAL ORDER

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Heard the learned counsel Sri.Thilak Raj S.V., appearing for the petitioner, the learned High Court Government Pleader Sri.P.Thejesh, appearing for respondent No.1 and the learned counsel Smt.Rinku D. Jain, appearing for respondent No.2.

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The learned counsel for the parties would submit that the matter has been settled between them.

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An application I.A.No.2/2024 is filed by the learned counsel for the petitioner for compounding along with joint affidavit. The same read as follows:

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" JOINT AFFIDAVIT

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"We,

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1. Mr. Praveen Gaikawad H (Petitioner), S/o Late Hanumantha Rao, Aged about 48 Years, R/at No.38/1, Yashoda Nivas, ISRO layout, Opposite to Manjunatha layout, Behind Government school, Munnekolala, Maratha Halli Post, Bengaluru North, Bengaluru 560037

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2. Mr. C K Manjunatha (Respondent No.2) S/o of Late Krishna Murthy, aged about 61 years R/at No.34/1, Sri Manjunatha Nilaya, 4^th Main, behind Shankari Apartment, Ittamadu, Hosakerehalli, Bengaluru 560085, do hereby

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NC: 2024:KHC:33759 CRL.P No. 8351 of 2024

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solemnly affirm as and state on oath as follows:

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1. That the criminal petition mentioned above has been filed one Mr. C K Manjunatha (Respondent No.2 against the Praveen Gaikawad H (Petitioner). We state that, we are authorized to sign this Affidavit. We are well conversant with the facts of the Case. Hence, we are competent to swear to this affidavit. Hence, we are swearing to this Affidavit.

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2. That we have amicably settled the dispute between us and have agreed to withdraw the petition.

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3. That we have compromised on the terms and conditions mentioned below:

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(i) The Petitioner will not interfere in any of the matter relates to the Respondent No. 2

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(ii) The Petitioner will not assault or threaten the Respondent No. 2 in future.

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(iii) The Petitioner will take back all of his things kept in Respondent No.2's premises.

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(iv) The Petitioner will tender an unconditional apology with the Respondent No. 2

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(v) The Petitioner will bear all the expenses to clean the cut down tree in front of Respondent No. 2' house.

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4. That we request this Hon'ble Court to accept our settlement and dispose of the petition. 5. That we undertake to abide by the terms of

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5 - NC: 2024:KHC:33759 CRL.P No. 8351 of 2024

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the settlement and not to file any further cases against each other. NOTAR. That we state that, the statements made in paragraphs 1 to 3 of the accompanying Interlocutory Application are true Bengaluru urban to the best of our knowledge, belief and information.

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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 criminal petition is disposed. The FIR in Crime No.370/2024 of Marathalli Police Station pending on the file of the learned 29^th Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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List No.: 1 Sl No.: 158

Mr Praveen Gaikawad H v. State of Karnataka

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Mr Praveen Gaikawad H v. State of Karnataka

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