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Sri Mayur Garg N Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Sri Mayur Garg N Vs State of KarnatakaSri Mayur Garg N v. State of Karnataka

Disposed¶62

Sri Mayur Garg N v. State of Karnataka

Karnataka HC5 Mar 2025CRL.P/12897/2024

Case brief

AI extract

What is this about?

Mayur Garg N v. State of Karnataka by Dabbaspet Police Station & Anr., CRL.P No. 12897 of 2024, High Court of Karnataka, decided 05-03-2025 by Justice M. Nagaprasanna. Petition under S.482 Cr.P.C. (S.528 BNSS) seeking quashing of FIR Crime No.261/2024 (S.105 BNS 2023; Ss.7 & 9, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013) pending before Principal Civil Judge (Jr.Dn) and JMFC Court, Nelamangala. Parties settled during pendency; petitioner's firm (Asha Sweets) paid Rs.15,00,000 each to heirs of deceased Lingaraju and deceased Naveen (total Rs.30,00,000), part of Rs.60,00,000 total compensation, with Rs.20,00,000 stated as paid by J. R. Aqua Engineering; Joint Memo and complainant's affidavit filed. Court accepted settlement, quashed proceedings qua petitioner, petition disposed.

What did the court decide?

Quashing of the proceedings pending in Crime No.261/2024 qua the petitioner, following acceptance of the parties' settlement.

Why is it important?

In light of the settlement between the parties and the joint memo, the court deemed it appropriate to accept the settlement and close the proceedings against the petitioner. ¶58

What the court decided

AI extract

Outcome

Quashing of the proceedings pending in Crime No.261/2024 qua the petitioner, following acceptance of the parties' settlement.

Issue for consideration

Whether the criminal proceedings in Crime No.261/2024 against the petitioner ought to be quashed in view of the settlement arrived at between the parties and the joint memo filed by the petitioner and respondent No.2.

Court's answer

In light of the settlement between the parties and the joint memo, the court deemed it appropriate to accept the settlement and close the proceedings against the petitioner.

Ratio / Principle

Proceedings pending in Crime No.261/2024 qua the petitioner stand quashed.

Detailed headnote1 paragraphs

Criminal Petition No. 12897 of 2024 (decided 05-03-2025, High Court of Karnataka, M. Nagaprasanna J) — Quashing — Settlement. Petition under S.482 Cr.P.C. (S.528 BNSS) to quash the FIR and proceedings in Crime No.261/2024 (offences punishable under S.105 BNS 2023 and Ss.7 & 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013) pending before the Principal Civil Judge (Jr.Dn) and JMFC Court, Nelamangala. During pendency, the petitioner and respondent No.2 settled the dispute: the petitioner's firm paid Rs.15,00,000 each to the heirs of the two deceased workmen (Sri. Lingaraju and Sri. Naveen), aggregating Rs.30,00,000, as part of a total compensation of Rs.60,00,000 recorded before the Karnataka State Safai Karmacharigala Aayoga, Bengaluru. The complainant acknowledged fulfilment of the settlement conditions and filed an affidavit; a Joint Memo praying for quashing was filed. The court accepted the settlement, closed the proceedings against the petitioner, quashed the proceedings in Crime No.261/2024 qua the petitioner, and disposed of the petition.

A

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NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 12897 OF 2024

BETWEEN:

SRI. MAYUR GARG N, S/O. K. NARENDRA KUMAR, AGED ABOUT 34 YEARS, RESIDING AT NO. 89, 1ST MAIN ROAD, 10TH CROSS, MALLESHWARAM, BANGALORE NORTH, BANGALORE - 560 003, AADHAR NO. 5368 8514 8667.

…PETITIONER

(BY SRI. MOHAMMED AKHIL, ADVOCATE)

AND:

STATE OF KARNATAKA

Digitally signed by NAGAVENI Location: High Court of Karnataka

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

SRI. CHITHRALINGAIAH, S/O KARIYANNA, AGED ABOUT 18 YEARS, RESIDING AT DODDAHATTI, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU - 572 132.

…RESPONDENTS

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

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NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

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

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

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The subject petition was heard and reserved for Orders.

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.

During the pendency of the subject petition, the parties to the lis have now settled the dispute amongst

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NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

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:

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

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

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.

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:

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

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:

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;

iii. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to Lakshmamma (mother of deceased Lingaraju) through Cheque No. 003330, dated

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NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore;

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;

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.

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

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;

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);

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.

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.

The above compensation amount paid to the Legal Representatives/heirs of the deceased (Sri. Lingaraju and Sri. Naveen) was recorded in The

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NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

Karnataka State Safai Karmacharigala Aayoga, Bengaluru,

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).

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.

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.

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."

In the light of the said circumstances, I deem it

appropriate to accept the settlement and close the proceedings against the petitioner.

6 - NC: 2025:KHC:9545 CRL.P No. 12897 of 2024

For the aforesaid reasons, the following:

ORDER

(i) The petition stands disposed.

(ii) Proceedings pending in Crime No.261/2024 qua the petitioner stands quashed.

Sd/-

______________________ JUSTICE M.NAGAPRASANNA

SJK List No.: 2 Sl No.: 13 CT: BHK

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the criminal proceedings in Crime No.261/2024 against the petitioner ought to be quashed in view of the settlement arrived at between the parties and the joint memo filed by the petitioner and respondent No.2.¶33
The court held
In light of the settlement between the parties and the joint memo, the court deemed it appropriate to accept the settlement and close the proceedings against the petitioner.ratio¶58

Statutes considered

6 provisions across 5 enactments

AI extract

Cr.P.C.482¶20
BNSS528¶20
BNS, 2023105¶20
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 20137, 9¶20 7, 9¶56
B. N. S Act105¶56

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR/order sheet and entire proceedings in Crime No.261/2024 for offences punishable under S.105 BNS 2023 and Ss.7 & 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, sought to be quashed.¶20
Principal Civil Judge (Jr.Dn) and JMFC Court, Nelamangala
Prior proceeding
FIR in Crime No.261/2024 registered at Dabbaspet Police Station; order sheet and FIR attached as Document Nos.1 and 2.¶20
Prior proceeding
Petition filed under S.482 Cr.P.C. (S.528 BNSS) praying to quash the proceedings.¶20
Prior proceeding
Subject petition heard and reserved for orders.¶24
Prior proceeding
Learned counsel for petitioner sought further hearing to make additional submissions; matter listed for further hearing.¶26
Prior proceeding
During pendency, parties settled the dispute and filed a Joint Memo; complainant appeared, acknowledged fulfilment of settlement conditions and filed an affidavit to that effect.¶30
Prior proceeding
Compensation paid to the legal representatives/heirs of the deceased was recorded before the Karnataka State Safai Karmacharigala Aayoga, Bengaluru.¶52

Parties & counsel

AI extract

petitioner
Sri. Mayur Garg N, S/o. K. Narendra Kumar¶8
Mohammed Akhil
respondent
State of Karnataka¶14
Mohammed Jaffer
respondent
Sri. Chithralingaiah, S/o Kariyanna¶15
Mohammed Tahir

Coram

AI extract

M. Nagaprasannaauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 5 Mar 2025 · March
Registered: 29 Nov 2024
Case no.: CRL.P/12897/2024
CNR: KAHC010688632024
Bench: M.nagaprasanna
Disposal: DISPOSED
Case type: CRL.P

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Cite this judgement

Sri Mayur Garg N v. State of Karnataka, CRL.P/12897/2024 (KA), decided on 5 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Cr.P.C.482
BNSS528
BNS, 2023105
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 20137, 9 · 7, 9

View all statutes

Procedural history7

FIR/order sheet and entire proceedings in Crime No.261/2024 for offences punishable under S.105 BNS 2023 and Ss.7 & 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, sought to be quashed.Principal Civil Judge (Jr.Dn) and JMFC Court, Nelamangala
FIR in Crime No.261/2024 registered at Dabbaspet Police Station; order sheet and FIR attached as Document Nos.1 and 2.
Petition filed under S.482 Cr.P.C. (S.528 BNSS) praying to quash the proceedings.

View full history

Bench / Coram

M. Nagaprasanna

Parties & counsel