Criminal petition sought quashing of proceedings for offences under Sections 504, 506 and 325 IPC. Parties settled and jointly sought leave to compound offences; the court accepted the application and quashed the proceedings qua the petitioner.
Proceedings in CC No.58966/2018 pending before X ACJM, Bengaluru quashed qua the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:38593 CRL.P No. 9655 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9655 OF 2024
BETWEEN:
SMT LALITHAMMA G BHATT W/O GANESH BHATT AGED ABOUT 65 YEARS, R/AT: 10, ARUNODAYA, BASAVASAMITHI LAYOUT, VIDYARANYAPURA, BENGALURU - 560097.
…PETITIONER
(BY SRI. NAGARATNA MAHADEVAYYA K., ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1; SRI. TRIVIKRAM S., ADV. FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C (528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.58966/2018 ARISING OUT OF CR.NO.45/2018 REGISTERED BY THE RESPONDENT NO.1 POLICE PENDING ON THE FILE OF THE LEARNED X ACJM, BENGALURU, FOR THE OFFENCES P/U/S 504,506,325 OF IPC FOUND AT ANNEXUREX C AND D QUA THE PETITIONER.
NC: 2024:KHC:38593 CRL.P No. 9655 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Smt.K.Nagarathna, appearing for the petitioner, the learned Additional State Public Prosecutor Sri.Jagadeesha B.N., appearing for respondent No.1 and the learned counsel Sri. Trivikram S., appearing for respondent No.2.
2. The petitioner is before this Court seeking the following prayer:
that the matter has been settled between them and have filed an application under Section 359(1) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking leave of this Court for compounding of offences along with joint affidavit. The joint affidavit, reads as follows:
" JOINT AFFIDAVIT
We, 1. Smt. Lalithamma G Bhatt, W/o Ganesh Bhatt, Aged about 65 years, R/at: 10, Arunodaya, Basavasamithi Layout, Vidyaranyapura, Bengaluru - 560097
2. Smt. Saraswathi. N, W/o Nanjunda Rao, Aged about 58 years, R/at:A115/2, KPWD Quarters, G2 Road, Bengaluru - 560077.
We do hereby solemnly affirm and state on oath as follows:
1. We, the parties herein the above criminal petition state that, we are fully aware of the facts and circumstances of the present case. Hence, we are swearing to the present affidavit.
2. We state that, we know each other since several years as we both are working in the same LIC office as Financial Advisors, we had initiated criminal cases against each other and the same is pending consideration before the X ACJM, Mayohall, Bengaluru in CC No: 58966/2018 & CC No: 58514/2018.
3. We further state that, during the pendency of the case before the trial court, with the inetervention of the advocates appearing for both the parties
NC: 2024:KHC:38593 CRL.P No. 9655 of 2024
and also our family members we have decided to settle the matter and put a quietus to the criminal cases pending against us. Therefore, we are filing the present joint affidavit seeking the leave of this Hon'ble Court to permit us to compound the offences and close the Criminal case pending against each other.
4. We also state that, there is no coercion from any quarters no person what so ever and we have decided to compromise/compound out of my/our own volition.
5. We further state that, if the accompanying application is not allowed it would cause create hardship to both the parties but on the contrary, it would not prejudice anybody therefore for the reasons stated supra it is most respectfully prayed to consider the accompanying application and acquit the Petitioners in the present case.
WHEREFORE, it is most respectfully prayed at this Hon'ble Court may be pleased to allow the accompanying application in the interest of justice.
We state that, whatever is state above is all true and correct to the best of our knowledge, information and belief."
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.
NC: 2024:KHC:38593 CRL.P No. 9655 of 2024
the file of the X Additional Chief Judicial Magistrate, Bengaluru,
qua the petitioner, stand quashed.
Sd/(M.NAGAPRASANNA) JUDGE
KG List No.: 2 Sl No.: 3
1 issue framed by the court
Whether criminal proceedings in CC No.58966/2018 under Sections 504, 506 and 325 IPC could be quashed qua the petitioner upon parties' settlement and compounding of offences.
4 provisions across 3 enactments
Smt Lalithamma G Bhatt
State of Karnataka by Jeevanbhima Nagar Police
Smt Saraswathi N
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
