Disposed

Venkatesh R v. the State of Karnataka

Karnataka HC24 Sept 2024CRL.P/9902/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of proceedings in C.C.No.52272/2022 for offences under Sections 323, 324, 326, 504 r/w 34 IPC. Parties settled the dispute and filed an affidavit seeking compounding. Accepting the settlement between private parties, the Court terminated the proceedings.

What did the court decide?

Proceedings in C.C.No.52272/2022 before X Additional C.M.M., Bengaluru quashed; criminal petition disposed.

Venkatesh R Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 24^TH DAY OF SEPTEMBER, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9902 OF 2024

¶7

BETWEEN:

¶8

VENKATESH R, S/O RAVI, AGED ABOUT 27 YEARS, R/AT 3^RD CROSS, BEHIND ANANDPURA PETROL BUNK, K.R.PURA, BANGALORE – 500 036. PERMANENTLY R/AT MARGONDANAHALLI, KRISHNARAJAPURAM, BANGALORE – 500 036.

¶9

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶10

UDAYA KUMAR, AGED ABOUT 28 YEARS, S/O SHIVAKUMAR, R/AT 3^RD CROSS,

¶11

BEHIND ANANDPURA PETROL BUNK, K.R PURA, BANGALORE – 500 036. PERMANENTLY R/AT NO.00, LAKKENAHALLI, KOLAR – 563 129.

¶12

PRASANNA KUMAR S.B., S/O BAYANNA @ NARAYANSWAMY A, AGED ABOUT 46 YEARS, R/AT 3^RD CROSS, BEHIND ANANDPURA PETROL BUNK,

¶13

¶14

NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶15

K.R PURA, BANGALORE – 560 036. PERMANENTLY R/AT 4^TH CROSS, 5^TH WARD, KANAKANAPALYA, BANGARPET, KOLAR – 563 101.

¶16

…PETITIONERS

¶17

(BY SRI. LETHIF B., ADVOCATE)

¶18

AND:

¶19

THE STATE OF KARNATAKA, REPRESENTED BY K.R.PURAM POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE – 560 001.

¶20

ANIMESH KUMAR, S/O SRIKANT KUMAR SUMAN, AGED ABOUT 27 YEARS, R/AT NEALADRI MEAPLS BUILDING, ROOM NO.1, BHATARAHALLI, K.R. PURA, BANGALORE – 560 036.

¶21

PERMANENTLY R/AT CHOURASI MAHANANDPUR, NALANDA, BIHAR – 801 305.

¶22

…RESPONDENTS

¶23

(BY SRI.THEJESH P., HCGP FOR R1; SRI.VIVEK RAJ M., ADVOCATE FOR R2)

¶24

THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

¶25

3 - NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶26

C.C.NO.52272/2022 ON THE FILE OF 10TH A.C.M.M BENGALURU DISTRICT FOR THE OFFENCE P/U/S 323, 324, 326, 504 R/W 34 OF IPC OF K.R.PURAM P.S. BENGALURU WHICH IS PRODUCED AT ANNEXURE – A.

¶27

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

¶28

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶29

ORAL ORDER

¶30

The petitioners are before this Court calling in question proceedings in C.C.No.52272/2022 before the X Additional C.M.M. at Bengaluru registered for offences punishable under Sections 323, 324, 326, 504 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as IPC for short).

¶31

Heard the learned counsel Sri. Lathif B.,

¶32

appearing for the petitioners, Sri. Thejesh P., learned HCGP appearing for respondent No.1 and learned counsel Sri. Vivek Raj M., appearing for respondent No.2.

¶33

¶34

NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶35

Learned counsel for the petitioners and learned

¶36

counsel for respondent No.2 submit that during the pendency of petition the parties to the lis have settled the dispute amongst themselves and have filed application under Section 482 of Code of Criminal Procedure, 1973 seeking compounding of offences along with the affidavit of the petitioners.

¶37

The affidavit in support of the application reads as follows:

¶38

" AFFIDAVIT

¶39

1. I, Venkatesh R, S/o. Ravi, Aged about 27 years, R/at- 3rd Cross, Behind Anandpura Petrol Bunk, K.R Pura, Banaglore - 560036 Permanently R/at: Margondanahalli, Krishnarajapuram, Bangalore560036 today at Bengaluru do hereby solemnly affirm and state on oath as follows.

¶40

2. I, Udaya Kumar, S/o. Shivakumar, Aged about 28 years, R/at- 3rd Cross, Behind Anandpura Petrol Bunk, K.R Pura, Banaglore - 560036 Permanently R/at: No.00, Lakkenahalli, Kolar - 563129 today at Bengaluru do hereby solemnly affirm and state on oath as follows.

¶41

3. I Prasanna Kumar S B, S/o. Bayanna @ Narayanswamy A, Aged about 46 years, R/at- 3rd Cross, Behind Anandpura Petrol Bunk, K.R Pura, Banaglore - 560036 Permanently R/at: 4th Cross, 5th Ward, Kanakanapalya, Bangarpet, Kolar563101 today at Bengaluru do hereby solemnly affirm and state on oath as follows.

¶42

5 - NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶43

4. We state that, we are the petitioners in the above case I know the facts and circumstances of the case. Hence we are deposing hereunder.

¶44

5. We state that, we are working at Bharath Petroleum, Anandpura, Bangalore and the complainant used to visit the bunk and fill petrol regularly from several years and twice before the alleged incident we and the second respondent had words exchange for problem in online payment and we are known to each other.

¶45

6. We state that, due to misunderstanding between us in the process of the filling the petrol and the payment through online, the second respondent had approach the police and filed complaint without knowing the consequences.

¶46

7. We state that, we settled our misunderstanding with the intervention of elders and friends and we have no objection to quash the entire proceedings.

¶47

Wherefore, I pray that, this Hon'ble Court may be pleased to permit the Petitioner and the Respondent to compound the offence consequently, quash the entire proceedings in C.C No.52272/2022 on the file of 10th Additional Chief Metropolitan Magistrate, Bengaluru District for the offence punishable under section 323, 324, 326, 504 r/w 34 of IPC of K R Puram Police Station, Bengaluru, in the interests of justice."

¶48

In the light of the afore-quoted affidavit filed by

¶49

the petitioners, I deem it appropriate to accept the application and the affidavit of the petitioners and terminate the impugned proceedings, as the dispute is

¶50

¶51

NC: 2024:KHC:41229 CRL.P No. 9902 of 2024

¶52

between the private parties and the allegations are not against the State.

¶53

For the aforesaid reasons the following:

¶54

ORDER

¶55

a) The criminal petition is disposed. b) The impugned proceedings in C.C.No.52272/2022 before the X Additional C.M.M. at Bengaluru registered for offences punishable under Sections 323, 324, 326, 504 read with Section 34 of Indian Penal Code, 1860 stands quashed.

¶56

Sd/(M.NAGAPRASANNA)

¶57

JUDGE

¶58

BVK List No.: 3 Sl No.: 2

Venkatesh R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Venkatesh R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri S Sunil Kumar Vs Sri M Gopal

Sri Suresha Vs the State of Karnataka

State of Karnataka Vs Avinash M S

Shri Siddaramaiah Vs the State of Karnataka

M/S Legends Culture Association (R) Vs State of Karnataka

M/S Cauvery Neeravari Nigama Ltd., Vs Sri K J Panduranga