Ramesh M Vs State of Karnataka

RAMESH M, S/O LATE. MARAPPA, AGED ABOUT 44 YEARS, R/A NO. 41, 7TH CROSS, VINAYAKA NAGARA, KAMMASANDRA MAIN ROAD, ELECTRONIC CITY, BANGALORE - 560 100.

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SANTHOSH G.S, S/O SOMASHEKARA AGED ABOUT 35 YEARS R/A NO. 829, 3RD CROSS, 4TH MAIN, R K TOWN SHIP, YARANDAHALLI, BANGALORE - 560 099.

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…PETITIONERS

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI. MATEEN KHAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA, DABASPETE PS, REPRESENTED BY PP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001.

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CHITHRALINGAIAH, S/O KARIYANNA, AGED ABOUT 18 YEARS, R/A DODDAHATTI, KASABA HOBLI, MADHUGIRI TALUK,

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NC: 2025:KHC:16637 CRL.P No. 4705 of 2025

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TUMKUR DISTRICT - 572 132.

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…RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. A. MOHAMMED TAHIR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.261/2024 OF DABASPETE POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE 105 OF THE BHARATIYA NYAYA SANHITA, 2023 (BNS ACT) AND SECTION 7 & 9 OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT NELAMANGALA.

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THIS PETITION, COMING ON FOR ORDERS, 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 petitioners has

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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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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

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NC: 2025:KHC:16637 CRL.P No. 4705 of 2025

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conditions of the settlement being fulfilled and has also filed an

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affidavit to that effect. The joint memo reads as follows:

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"JOINT MEMO FILED BY PETITIONERS 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 Petitioners, 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 its Private Limited Company, (i.e. M/s JRR Aqua Private Limited) has paid the 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 Lakh) is paid to Kavya B.S. (Wife of deceased Lingaraju) through Cheque No. 000059, dated 04/01/2025 drawn on Kotak Mahindra Bank, Bommasandra Branch, Bangalore;

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ii. Rupees 5,00,000/- (Rupees Five Lakh) is paid to Kavya B.S (Wife of deceased Lingaraju) through Demand Draft No. 967465, dated 05/03/2025 drawn on South Indian Bank, Electronic City Branch, Bangalore;

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iii. Rupees 5,00,000/- (Rupees Five Lakh) is paid to Lakshmamma (Mother of deceased Lingaraju) through Demad Draft No. 967464, dated 05/03/2025 drawn on South Indian Bank, Electronic City Branch, Bangalore;

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The Petitioners through its Private Limited Company, (i.e. M/s JRR Aqua Private Limited) has paid a total sum of Rupees 15,00,000/- (Rupees Fifteen Lakh) to the aforesaid Legal Representatives/heirs (i.e.,

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NC: 2025:KHC:16637 CRL.P No. 4705 of 2025

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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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iv. Rupees 15,00,000/- (Rupees Fifteen Lakh) is paid to Bhagyamma (mother of deceased Naveen) nad E Mani (Wife of deceased Naveen) through Cheque No. 000060, dated 04/04/2025 drawn on Kotak Mahindra Bank, Bommasandra Branch, Bangalore;

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The Petitioners through its Private Limited Company, (i.e. M/s JRR Aqua Private Limited) 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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The above compensation amount paid to the Legal Representatives/heirs of the deceased (Sri. Lingaraju and Sri. Naveen) was recorded in The Karnataka State Commission For Safai Karmacharis Social Welfare.

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The total compensation of Rs. 60,00,000/(Rupees Sixty Lakh) received by the legal Representatives heirs of the deceased (Sri. Lingaraju and Sri. Naveen) out of which Rs.30,00,000/-(Rupees Thirty Lakh) is paid by the Petitioners through its Private Limited Company, (i.e. M/s JRR Aqua Private Limited) and another Rs. 30,00,000/-(Rupees Thirty Lakh) is by ASHA SWEETS.

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In view of the aforementioned settlement the Respondent No.2 and Legal Representatives /heirs of the deceased (Sri. Lingaraju and Sri. Naveen) have no objections and claim against Petitioners. 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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NC: 2025:KHC:16637 CRL.P No. 4705 of 2025

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The Respondent No.2 (Complainant) have no objection to quash the criminal petition in the interest of justice and equity.

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Therefore, the Petitioners 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 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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