Dhayalan Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Dhayalan Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition under Section 482 Cr.P.C allowed; entire proceedings in C.C.No.2147/2023 (Crime No.16/2023) on the file of the Prl. Civil Judge and Addl. JMFC, K.G.F quashed; Registry directed to send copy of the order to the trial Court forthwith.

Issue for consideration

Whether the entire proceedings in C.C.No.2147/2023 for offences punishable under Sections 143, 144, 147, 148, 323, 324, 504, 506 r/w 149 IPC, pending before the Principal Civil Judge and Addl. JMFC, KGF, ought to be quashed under Section 482 Cr.P.C in view of the compromise/joint memo between the parties.

Court's answer

The terms and conditions of the compromise arrived at between the parties are legal and equitable and the same are accepted by the Court, respondent No.2/complainant having admitted the compromise and having no objection to quashing.

Ratio / Principle

The criminal petition filed under Section 482 of Cr.P.C is allowed.

Key takeaways

The entire proceedings in C.C.No.2147/2023 (Crime No.16/2023) on the file of the Prl. Civil Judge and Addl. JMFC, K.G.F stand quashed, and the Registry is directed to send a copy of the order to the trial Court forthwith.ratio¶61

Detailed headnote1 paragraphs

Criminal petition under Section 482 Cr.P.C by accused Nos.1 to 6 seeking quashing of the entire proceedings in C.C.No.2147/2023 on the file of the Principal Civil Judge and Addl. JMFC, KGF, for offences punishable under Sections 143, 144, 147, 148, 323, 324, 504, 506 r/w 149 IPC (caption refers to Cr.No.48/2023 of BEML Nagar Police, KGF; the order refers to Crime No.16/2023). The dispute arose from a temple-property matter at KGF: petitioner No.3's suit OS.No.311/2021 against BGML (interim injunction and police protection), suit OS.No.327/2022 against respondent No.2 (pending), petitioners' complaint in Cr.16/2023 registered as C.C.No.1281/2023, and respondent No.2's counter private complaint under Section 200 Cr.P.C culminating in a police charge sheet registered as C.C.No.2147/2023. During the petition, petitioner No.1 died on 01.09.2024, and a joint memo dated 03.09.2025, signed by petitioner Nos.2 to 6, respondent No.2/complainant and their counsel, reported an amicable settlement with mutual withdrawal of cases. Respondent No.2 admitted the compromise and had no objection to quashing. Holding the compromise terms legal and equitable, the Court accepted them, allowed the petition, quashed the entire proceedings in C.C.No.2147/2023, and directed the Registry to send a copy of the order to the trial Court forthwith.

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NC: 2025:KHC:36783 CRL.P No. 13380 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13380 OF 2023 (482(Cr.PC) /

528(BNSS))

BETWEEN:

DHAYALAN S/O SHANMUGAM, AGED ABOUT 70 YEARS,

NAREN S/O DHAYALAN, AGED ABOUT 35 YEARS,

SMT SUGANTHI W/OF DHAYALAN, AGED ABOUT 57 YEARS,

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SMT GAYATHRI D/O DHAYALAN,

AGED ABOUT 32 YEARS,

ALL ARE RESIDING IN DISPENSARY QUARTERS, BESIDE SUVARNA INSTITUTE NEAR FIVE LIGHTS OORGAUM POST, K G F- 563120.

RAMANAN S/O SELVAM, AGED ABOUT 55 YEARS,

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HC-KAR

KUMANAN S/O SELVAM, AGED ABOUT 49 YEARS,

PETITIONER NO.5 AND 6 ARE RESIDING AT NO.214, BUNGLOW NO. 005, OUT HOUSE, NEAR PARKING BEML SCHOOL, SMITH ROAD, OORGAUM POST, K G F TALUK 563120

…PETITIONERS

(BY SRI. PRASANNA D P., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY BEML POLICE, REP BY SPP, HIGH COURT COMPLEX, BENGALURU 560001

D JANIKIRAMAN S/O LATE DORAISWAMY, AGED ABOUT 70 YEARS, R/AT NO.91, HWNRYS DRIVES LANE, OORGAUM POST, K G F- 563120.

…RESPONDENTS

(BY SRI. B.LAKSHMAN, HCGP; SRI.M.N.PRABHAKAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2147/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND ADDL. J.M.F.C., KGF OF THE OFFENCE P/U/S 143, 144, 147, 148, 323, 324, 504 AND 506 R/W 149 OF IPC IN THEIR CR.NO.48/2023 OF THE 1ST RESPONDENT BEML NAGAR POLICE, KGF AS PER ANNEXURE-A.

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NC: 2025:KHC:36783 CRL.P No. 13380 of 2023

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

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Both Learned counsel for the petitioner Nos.2 to 6 and respondent No.2 present. It is submitted that petitioner No.1 is no more. His death certificate is produced. Already a joint memo is filed on 03.09.2025 for reporting settlement.

This petition is filed by accused Nos.1 to 6 under Section 482 of Cr.P.C, to quash the criminal proceedings in C.C.No.2147/2023 for the offences punishable under Section 143, 144, 147, 148, 323, 324, 504, 506 r/w 149 of I.P.C.

A joint memo is filed duly signed by the petitioner Nos.2 to 6/accused Nos.2 to 6 and respondent No.2/complainant and their respective counsel.

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NC: 2025:KHC:36783 CRL.P No. 13380 of 2023

HC-KAR

The terms and conditions of settlement arrived

at between the parties reads as under:

"1. It is humbly submitted that Petitioner No.3 Smt. Suganthi has filed a suit against BGML in respect of the property measuring 80'x40' where temple of lords Muneshwara, Kalabhairaveshwara and Ganesha is located. The trial court in OS.No.311/2021 at KGF has granted an interim order of injunction and subsequently police protection from High Court of Karnataka.

2. It is humbly submitted The 2nd respondent in this petition allegedly interference the ceremony being conducted therein Petitioners filed a suit OS.NO.327/2022 at KGF for permanent injunction, the suit is pending consideration.

3. It is humbly submitted that The 2nd Respondents once again due to issue over the said properties physically assault the petitioners. Hence, a complaint was filed before the Police at BEML Police station at KGF in Cr. 16/2023 for an offence punishable under section 143, 144, 147, 148, 232, 324, 504R/W 149 of IPC against the 2nd Respondent and other which can to be registered as CC No. 1281/2023 before the PRL CIVIL Judge and JMFC K.G.F.

4. It is humbly submitted that the 2nd Respondent filed Counter Private Complaint u/s. 200 of Cr.PC before the Prl. Civil Judge and JMFC, KGF reiterating the complaint filed on 25.03.2023. Learned Magistrate took cognizance against the petitioners and ordered investigation by the police. The police have conducted the investigation and proceeded to levy a charge sheet for offences punishable u/s. 143, 144, 147, 148, 323, 324, 504, 506, 149 of IPC. and reintreating the complaint filed on 25.03.2023. which

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HC-KAR

came to be registered as CC No.2147/2023 before the PRL CIVIL Judge and JMFC K.G.F.

5. It is humbly submitted that Subsequently Petitioners filed a criminal petition u/s. 482 Cr.PC before this Hon'ble Court challenging the charge sheet and entire proceedings and this Hon'ble Court granted interim order of stay of proceeding.

6. It is humbly submitted that the Petitioner No.1 died on 01.09.2024 the death certificate for the same is attached and subsequently at the advise of the elders and well-wishers of the locality have compromised the matter and decided to withdraw the case filed against each other and settle mater amicably.

7. It is humbly submitted that the Petitioners and the 2nd Respondent submit that there is no coercion, fraud or undue influence in filing the Compromise Joint Memo, The Petitioner and 2nd Respondent has no objection in allowing the This Petition and subsequently petitioners will amicably settle the matter in CC No. 1281/2023 before the PRL CIVIL Judge and JMFC K.G.F.

Under these Circumstances, the Petitioner and 2nd respondent humbly pray that this Hon'ble Court may be pleased to record the Joint Memo and allow this Petition and issue direct the trail court for subsequent compromising the Matter and pass necessary orders to meet the ends of justice, equity and law."

Respondent No.2/complainant admits the compromise and submits that he has no objection to quash the petition. The terms and conditions of

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HC-KAR

compromise petition are legal and equitable. The same is accepted and accordingly, following:

ORDER

(i) The petition filed under Section 482 of Cr.P.C is allowed.

(ii) The entire proceedings in C.C.No.2147/2023 (Crime No.16/2023) on the file of Prl. Civil Judge and Addl., JMFC, K.G.F, is hereby quashed.

(iii) The Registry is directed to send copy of this order to the trial Court forthwith.

Sd/(J.M.KHAZI) JUDGE

TIN

List No.: 1 Sl No.: 18

Procedural history

How this case reached the court

AI extract

Order under challenge
Entire proceedings in C.C.No.2147/2023 for offences punishable under Sections 143, 144, 147, 148, 323, 324, 504 and 506 r/w 149 IPC, arising from Cr.No.48/2023 of BEML Nagar Police, KGF (as per Annexure-A), sought to be quashed.¶29
Principal Civil Judge and Addl. J.M.F.C., KGF
Prior proceeding
Petitioner No.3 Smt. Suganthi filed suit against BGML over property measuring 80'x40' housing temples of Muneshwara, Kalabhairaveshwara and Ganesha; trial court in OS.No.311/2021 (KGF) granted interim injunction and police protection was later obtained from the High Court of Karnataka.¶44
Prior proceeding
Petitioners filed suit OS.No.327/2022 at KGF against respondent No.2 for permanent injunction alleging interference with ceremonies at the temple; suit pending.¶45
Prior proceeding
After alleged physical assault over the said properties, petitioners lodged complaint at BEML Police Station, KGF in Cr.16/2023 against respondent No.2 and others.¶46
Prior proceeding
Said complaint came to be registered as C.C.No.1281/2023 before the Prl. Civil Judge and JMFC, KGF.¶46
Prior proceeding
Respondent No.2 filed counter private complaint under Section 200 Cr.P.C before the Prl. Civil Judge and JMFC, KGF reiterating his complaint dated 25.03.2023.¶47
Prior proceeding
Magistrate took cognizance against the petitioners and ordered investigation by the police.¶47
Prior proceeding
Police, upon investigation, filed charge sheet for offences punishable under Sections 143, 144, 147, 148, 323, 324, 504, 506, 149 IPC.¶47
Prior proceeding
Charge-sheet case came to be registered as C.C.No.2147/2023 before the Prl. Civil Judge and JMFC, KGF.¶50
Prior proceeding
Petitioners filed the present criminal petition under Section 482 Cr.P.C before the High Court challenging the charge sheet and entire proceedings.¶51
Prior proceeding
High Court granted interim order of stay of proceedings.¶51
Prior proceeding
Petitioner No.1 died on 01.09.2024; death certificate filed/produced.¶52
Prior proceeding
On the advice of elders and well-wishers of the locality, parties compromised and decided to withdraw the cases filed against each other and settle amicably.¶52
Prior proceeding
Joint memo for reporting settlement filed on 03.09.2025.¶36
Prior proceeding
Joint memo duly signed by petitioner Nos.2 to 6/accused Nos.2 to 6, respondent No.2/complainant and their respective counsel.¶38