Disposed¶60

Sri K Narendra Kumar v. State of Karnataka

Karnataka HC5 Mar 2025CRL.P/12893/2024

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on settlement between parties; Joint Memo and affidavit of complainant; S.482 Cr.P.C petition (S.528 BNSS); FIR Crime No.261/2024, Dabbaspet Police Station; offences under S.105 BNS 2023 and Ss.7 & 9, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013; compensation of Rs.60,00,000 to heirs of deceased workers (Sri. Lingaraju and Sri. Naveen); payments by firm Asha Sweets (Rs.30,00,000) and J. R. Aqua Engineering; recording before Karnataka State Safai Karmacharigala Aayoga, Bengaluru; Principal Civil Judge (Jr.Dn.) and JMFC Court, Nelamangala; High Court of Karnataka; Justice M. Nagaprasanna.

What did the court decide?

Petition disposed; proceedings in Crime No.261/2024 quashed qua the petitioner upon acceptance of the settlement recorded in the Joint Memo. ¶60

Sri K Narendra Kumar Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed; proceedings in Crime No.261/2024 quashed qua the petitioner upon acceptance of the settlement recorded in the Joint Memo.

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Issue for consideration

Whether the criminal proceedings in Crime No.261/2024 (offences under S.105 BNS 2023 and Ss.7 & 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013) against the petitioner should be quashed in view of the settlement arrived at between the parties and recorded in the Joint Memo.

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Court's answer

In light of the amicable settlement between the parties recorded in the Joint Memo, the Court deemed it appropriate to accept the settlement and close the proceedings against the petitioner.

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Ratio / Principle

The petition stands disposed and the proceedings pending in Crime No.261/2024 qua the petitioner stand quashed.

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Detailed headnote1 paragraphs

Karnataka High Court (M. Nagaprasanna, J.), CRL.P No. 12893 of 2024, decided 05-03-2025: A petition under S.482 Cr.P.C (filed as under S.528 BNSS) sought quashing of the entire proceedings in Crime No.261/2024 of Dabbaspet Police Station, pending before the Principal Civil Judge (Jr.Dn.) and JMFC Court, Nelamangala, for offences under S.105 BNS 2023 and Ss.7 & 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. During pendency, the petitioner and respondent No.2 (complainant), together with the legal representatives/heirs of the two deceased (Sri. Lingaraju and Sri. Naveen), filed a Joint Memo recording an amicable settlement: the petitioner's firm (Asha Sweets) paid Rs.15,00,000 to the heirs of each deceased (Rs.30,00,000 in all) by specified HDFC Bank cheques dated 01/11/2024 and 04/01/2025, as part of Rs.60,00,000 total compensation that included a contribution by J. R. Aqua Engineering, the employer of the deceased; the payments were recorded before the Karnataka State Safai Karmacharigala Aayoga, Bengaluru, and the complainant acknowledged fulfilment of the settlement conditions before the Court and by affidavit. On that basis the Court accepted the settlement, closed the proceedings against the petitioner, disposed of the petition and quashed the proceedings in Crime No.261/2024 qua the petitioner.

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12893 OF 2024

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BETWEEN:

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SRI. K. NARENDRA KUMAR, S/O LATE SRI. KANTA PRASAD, AGED ABOUT 65 YEARS, RESIDING AT NO. 89, 1ST MAIN ROAD, 10TH CROSS, MALLESHWARAM, BANGALORE NORTH BANGALORE - 560 003, AADHAR NO. 8208 4540 7296.

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…PETITIONER

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(BY SRI. MOHAMMED AKHIL, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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STATE OF KARNATAKA BY DOBBASPET STATE POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALORE - 560 001.

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SRI. CHITHRALINGAIAH, S/O KARIYANNA, AGED ABOUT 18 YEARS, RESIDING AT DODDAHATTI, KASABA HOBLI,

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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MADHUGIRI TALUK, TUMAKURU - 572 132.

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…RESPONDENT

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(BY SRI. MOHAMMED JAFFER, AGA FOR R1; SRI. MOHAMMED TAHIR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS, PENDING BEFORE THE HONBLE COURT OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, NELAMANGALA FOR THE OFFENCE P/US/ 105 OF BNS 2023 AND U/S.,7, 9 OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT 2013, IN CRIME NO.261/2024 THE ORDER SHEET AND FIR ATTACHED HEREWITH AS DOCUMENT NO.1 AND 2 RESPECTIVELY.

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The subject petition was heard and reserved for Orders.

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Learned counsel appearing for the petitioner has moved the matter on the score that he had some more submissions to make and therefore, the matter was listed for Further hearing.

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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During the pendency of the subject petition, the parties to the lis have now settled the dispute amongst themselves and have filed a Joint Memo. The complainant is also present before the Court, who acknowledges all the conditions of the settlement being fulfilled and has also filed an affidavit to that effect. The joint memo reads as follows:

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"JOINT MEMO FILED BY PETITIONER AND RESPONDENT NO.2 OF DECEASED (SRI. LINGARAJU AND SRI NAVEEN)

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The Petitioner and Respondent No.2 and submits to this Hon'ble Court under

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That the Petitioner, the Respondent No.2 and the Legal Representatives / heirs of the deceased (Sri. Lingaraju and Sri. Naveen) has amicably resolved the dispute between them. Hence, in view of the settlement arrived between the parties the Respondent No.2 prays to this Hon'ble Court to quash the criminal proceedings in the interest of justice and equity.

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The Petitioner through his partnership firm has paid the Respondent No.2 and the Legal Representatives heirs of the deceased (Sri. Lingaraju and Sri. Naveen) in the following manner:

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Details of payment made to Legal Representatives heirs of the deceased (Sri. Lingaraju):

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i. Rupees 5,00,000/- (Rupees Five Lakhs) is paid to Chithralingaiah (brother of deceased Lingaraju) through Cheque No. 003252, dated 01/11/2024 drawn on HDFC Bank, Malleshwaram Branch Bangalore:

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ii. Rupees 5,00,000/- (Rupees Five Lakhs) is paid jointly to Lakshmamma (mother of deceased Lingaraju) and Kavya B S (wife of deceased Lingaraju) through Cheque No. 003251, dated 01/11/2024 drawn on HDFC Bank, Malleshwaram Branch Bangalore;

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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iii. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to Lakshmamma (mother of deceased Lingaraju) through Cheque No. 003330, dated 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore;

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iv. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to Kavya BS (wife of deceased Lingaraju) through Cheque No. 003331, dated 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore;

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The Petitioner through its Firm has paid a total sum of Rupees 15,00,000/- (Rupees Fifteen Lakhs) to the aforesaid Legal Representatives heirs (ie, Chithralingaiah, Lakshmamma and Kavya B S) as full and final settlement and the same is acknowledged by them.

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Details of payment made to Legal Representatives /heirs of the deceased (Sri. Naveen):

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i. Rupees 500,000/- (Rupees Five Lakhs) is paid to Bhagyamma (mother of deceased Naveen) through Cheque No. 003253, dated 01/11/2024 drawn on HDFC bank, Malleshwaram Branch Bangalore;

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ii. Rupees 500,000/- (Rupees Five Lakhs) is paid to Bhagyamma (mother of deceased Naveen) through Cheque No. 003254, dated 01/11/2024 drawn on HDFC bank. Malleshwaram Branch Bangalore. Out of the said amount, Bhagyamma has paid an amount of Rupees 2,50,000 to E Mani (wife of deceased Naveen);

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iii. Rupees 500,000/- (Rupees Five Lakhs) is paid jointly to Bhagyamma (mother of deceased Naveen) and E Mani (wife of deceased Naveen) through Cheque No. 003332, dated 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore.

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The Petitioner through its Firm has paid a total sum of Rupees 15,00,000/- (Rupees Fifteen Lakhs) to the aforesaid Legal Representatives/Legal heirs (ie. Bhagyamma, E Mani) as full and final settlement.

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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The above compensation amount paid to the Legal Representatives/heirs of the deceased (Sri. Lingaraju and Sri. Naveen) was recorded in The Karnataka State Safai Karmacharigala Aayoga, Bengaluru,

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The total compensation of Rs. 60,00,000/(Rupees Sixty Lakhs) received by the legal Representatives heirs of the deceased (Sri. Lingaraju and Sri. Naveen) out of which Rs.30,00,000/-(Rupees Thirty Lakhs) is paid by the Petitioner through its Firm Asha Sweets and another Rs. 20,00,000/-(Rupees Thirty Lakhs) is paid by J. R. Aqua Engineering, who is the Employer of deceased (Sri. Lingaraju and Sri. Naveen).

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In view of the aforementioned settlement the Legal Representatives /heirs of the deceased (Sri. Lingaraju and Sri. Naveen) have no objections and claim against Petitioner. The Legal Representatives/heirs of the deceased (Sri. Lingaraju and Sri. Naveen) have acknowledged the aforesaid payment having been received by them as full and final settlement.

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The Petitioner and Respondent No.2 (Complainant) have no objection to quash the criminal proceeding by allowing the captioned Petition in the interest of justice and equity.

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Therefore, the Petitioner and Respondent No. 2 jointly prays to this Hon'ble Court to quash the F. I. R. in Crime No. 0261/2024 for the offence punishable under Section 105 of B. N. S Act and Section 7 and 9 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 pending before Principal Civil Judge (Jr. Dvn) and J. M. F. C Court Nelamangala, Bangalore all further proceedings thereof in the interest of justice and equity."

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NC: 2025:KHC:9524 CRL.P No. 12893 of 2024

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