Umashankar. M Vs State of Karnataka

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1 - NC: 2025:KHC:11168 CRL.P No. 10193 of 2023 C/W CRL.P No. 7457 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 10193 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 7457 OF 2024 (482(Cr.PC)/ 528(BNSS))

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IN CRL.P No. 10193/2023

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BETWEEN:

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UMASHANKAR M S/O MANJUNATH H Y AGED ABOUT 38 YEARS, R/AT NO.15/139, OLD POST OFFICE ROAD, HOSAKOTE-562 114.

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Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA

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SMT. LAKSHMI W/O MANJUNATH H Y AGED ABOUT 58 YEARS, R/AT NO.12-C, OLD POST OFFICE ROAD, HOSAKOTE-562 114.

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MANJUNATH

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S/O LATE H D VENKATARAMANAPPA, AGED ABOUT 48 YEARS, R/AT 2^ND CROSS, PARVATHIPURA, HOSAKOTE-562 114, BENGALURU RURAL.

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…PETITIONERS

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(BY SRI. PADMANABHA, ADVOCATE A/W SRI. ADBHUTH J KAUSHIK, ADVOCATE)

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AND:

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STATE OF KARNATAKA STATE BY HOSAKOTE POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU–560 001.

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TRIBHUVAN CHAKARAVARTHY H Y S/O H Y HARISH, AGED ABOUT 30 YEARS, RESIDING SRI HARI, 1^ST A CROSS, M.V.HOSKOTE TOWN, HOSAKOTE-562 114.

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…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. AJITH, ADVOCATE A/W SRI. SUBRAMANYA, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT FILED AGAINST THE PETITIONERS IN CRIME NO.143/2023 BY THE HOSAKOTE POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 149, 323, 341, 504 & 506 OF INDIAN PENAL CODE, 1860 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.DN.) AND JMFC COURT, HOSAKOTE, BENGALURU RURAL BY THE RESPONDENT HOSAKOTE POLICE.

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IN CRL.P NO. 7457/2024

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BETWEEN:

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DR. H Y HARISH AGED ABOUT 62 YEARS, S/O LATE H M YELLAPPA, RESIDING AT NO.1, SRI HARI, 1^ST A CROSS, M V EXTENSION, COLLEGE ROAD, HOSKOTE-562 114, BANGALORE RURAL DISTRICT.

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SHRI. THRIBHUVAN CHAKRAVARTHY H Y AGED ABOUT 30 YEARS, S/O DR. H Y HARISH, RESIDING AT NO.1, SRI HARI, 1^ST A CROSS, M V EXTENSION, COLLEGE ROAD, HOSKOTE-562 114, BANGALORE RURAL DISTRICT.

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...PETITIONERS

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(BY SRI. AJITH, ADVOCATE A/W SRI. S.SUBRAMANYA, ADVOCATE) AND:

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THE STATE OF KARNATAKA BY HOSKOTE POLICE STATION, BENGALURU RURAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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MR. UMA SHANKAR M S/O H Y MANJUNATH, AGED ABOUT 40 YEARS, RESIDING AT PRASHANTHI NILAYA, S S M EXTENSION, HOSKOTE-562 114.

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...RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. RAJATH, ADVOCATE A/W SRI. VEERESH M UPPIN, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.144/2023 REGISTERED BY THE RESPONDENT NO.1 HOSKOTE POLICE STATION, FOR THE OFFENSES PUNISHABLE UNDER SECTION 27 OF ARMS ACT, 1959 AND SECTIONS 506, 341, 34, 504, 323, 324 OF INDIAN PENAL CODE, 1860, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSKOTE, BANGALORE RURAL DISTRICT.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Crl.P No.10193/2023 arise out of Crime No.143/2023

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of Hoskote Police Station registered for offences punishable under Section 506, 341, 504, 143, 149 and 323 of IPC.

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Crl.P No.7457/2024 arise out of Crime No.144/2023 of Hoskote Police Station registered for offences punishable under Section 506, 341, 504, 323 and 324 r/w 34 of IPC and Section 27 of the Arms Act, 1959.

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In Crime No.143/2023, the first informant – Thribhuvan Chakravarthy has alleged that on 03.06.2023 at about 5.00 p.m., when he was trying to park the vehicle in their shed situated near Om Shree Public School, the accused picked up quarrel and assaulted him and his

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father and also threatened them with dire consequences etc.

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In Crime No.144/2023, the first informant –

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Umashankar M., has alleged that on 30.05.2023 the accused trespassed into the mango grove and threatened one Mansoor and he informed the matter to his father. Immediately, when his father and his uncle went to the spot, accused fired a gun shot in the air and threatened them with dire consequences. Further, on 03.06.2023 at about 5.00 p.m., when he was proceeding on his two wheeler near Om Shree Public School accused wrongfully restrained him and telling that he will not allow him to lodge a complaint, assaulted with club and rod and threatened with dire consequences etc.

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The learned counsel appearing for respective

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parties have filed a joint memo in both the petitions signed by the petitioners as well as the complainant/respondent No.2 in the respective petitions, reporting settlement. It is submitted that a civil dispute

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has given raise to the incident in question. The parties are closely related to each other and at the intervention of family members and well-wishers, they have amicably arrived at a compromise and accordingly, they have agreed to settle their dispute amicably.

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The complainants in both the cases are present before the Court. It is submitted that the matter has been settled out of Court and they are not wishing to proceed with their respective complaints.

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The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others V. Babita

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Raghuvanshi and another reported in 2013 (2) Crimes 90 SC has held that the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the courts to encourage genuine settlement, if the Court is satisfied that the parties have settled amicably without any pressure.

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The formation of opinion for quashing a criminal

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offence or criminal proceeding under Section 482 of Cr.P.C., is guided by the material on record as to whether the ends of justice would justify such exercise of power, although the ultimate consequence may be acquittal or dismissal of indictment.

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This Court is of the considered view that there

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is a genuine settlement entered between the parties who are closely related and the dispute is private in nature and do not have serious impact on society. Parties have no criminal antecedents. In that view of the matter, the applications need to be allowed, to secure the ends of justice. Hence, the following:

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ORDER

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(i) Both the applications are allowed .

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(ii) The entire proceedings arising out of Crime

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No.143/2023 and 144/2023 registered at Hoskote Police Station, Bengaluru Rural District are quashed.

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NC: 2025:KHC:11168 CRL.P No. 10193 of 2023 C/W CRL.P No. 7457 of 2024

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