Disposed¶63

Smt. Sunandamma v. State of Karnataka

Karnataka HC2 Jun 2025CRL.P/6778/2025

Case brief

AI extract

What is this about?

Quashing of charge sheet C.C.No.1726/2019 (Crime No.54/2018, Jalahalli Police) under IPC Sections 143, 147, 506, 323, 324, 504 r/w 149 pending before XXXI A.C.M.M. Bengaluru; disposal on Joint Affidavit dated 02.06.2025 recording amicable settlement and bona fide compromise between accused Nos.1 to 8 and complainant; non-compoundable offences (ss.143, 147 IPC) vis-a-vis S.320 Cr.P.C.; inherent powers S.482 Cr.P.C./S.528 BNSS; private complaint dated 08-05-2018 alleging fake Voter Identity Cards; single-judge order, Justice S.R. Krishna Kumar, 02.06.2025.

What did the court decide?

Petition disposed of in terms of the Joint Affidavit dated 02.06.2025; proceedings in C.C.No.1726/2019 (Crime No.54/2018) quashed insofar as the petitioners are concerned. ¶63

Smt. Sunandamma Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6778 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SMT. SUNANDAMMA W/O LATE BOREGOWDA, AGED ABOUT 61 YEARS,

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SRI MOHANA S/O LATE BOREGOWDA, AGED ABOUT 34 YEARS,

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THE P-1 & P-2 ARE R/AT NO.50, 8^TH MAIN, 7^TH CROSS, BRUNDAVANANAGARA, MATHIKERE, BENGALURU – 560 054

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Digitally signed by CHANDANA B M

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Location: High Court of Karnataka

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SRI KIRAN S/O BABU T., AGED ABOUT 32 YEARS, R/AT NO.45/1, 9^TH MAIN, AKKIYAPPA GARDEN, YESHWANTHPURA, BENGALURU – 560 022

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SRI VENKATESH G. K., S/O J. B. KULAYAPPA, AGED ABOUT 54 YEARS, R/AT NO.2, 1^ST MAIN, 4^TH CROSS, B. K. NAGARA, YESHWANTHPURA, BENGALURU – 560 022.

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SRI MANJUNATH S., S/O NANJAPPA, AGED ABOUT 36 YEARS, R/AT NO.677/15, ‘A’ CROSS, PIPELINE, YESHWANTHPURA, BEGALURU – 560 022.

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2 - NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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SRI RAGHU @ RAGHUVEER S/O PUTTASWAMY, AGED ABOUT 27 YEARS, R/AT NO.135, 50 FEET ROAD, 4^TH CROSS, PIPELINE ROAD, LAGGERE, BENGALURU – 560 058.

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SRI PRASHANTHA S/O ARMUGAM, AGED ABOUT 32 YEARS, R/AT NO.14, 1^ST CROSS, POORNAPURA, GOKULAM POST, BENGALURU – 560 054.

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SRI APPU S/O LAKSHMINARAYANA, AGED ABOUT 33 YEARS, R/AT MURUGA TEMPLE ROAD, 7^TH CROSS, POORNAPURA, GOKULAM POST, BENGALURU – 560 054

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…PETITIONERS

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(BY SRI. SRINIVASA D. C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY JALAHALLI POLICE, BENGALURU CITY, REPRESENTED BY

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THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.

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SRI RAKESH S/O LATE NARASIMHAMURTHY, AGED ABOUT 49 YEARS, R/AT NO.202, ‘A’ BLOCK, 2^ND FLOOR, ROOBY APARTMENTS, JALAHALLI, BENGALURU – 560 013

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. BHARATH B., ADV. FOR R2)

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3 - NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE PETITION AND QUASH THE CHARGE SHEET SUBMITTED BY THE RESPONDENT NO.1 JALAHALLI POLICE, AGAINST THE PETITIONERS/ACCUSED NO.1 TO 8, IN C.C.NO.1726/2019 (CR.54/2018) U/S 143, 147, 506, 323, 324, 504 R/W SEC. 149 OF IPC, PENDING ON THE FILE OF THE HON’BLE XXXI ACMM, AT BENGALURU.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners have sought for the following relief:-

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“Wherefore, the petitioners/accused No.1 to 8 most respectfully pray that, this Hon’ble Court may kindly be pleased to allow the petition and quash the Charge Sheet submitted by the respondent No.1 Jalahalli Police, against the petitioners/accused No.1 to 8, in C.C.No.1726/2019 (Cr.54/2018) under Section 143, 147, 506, 323, 324, 504 R/w. Section 149 of IPC, pending on the file of the Hon’ble XXXI A.C.M.M. at Bengaluru, in the interest of justice and equity.”

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Learned counsel for the petitioners – accused Nos.1 to 8 and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit dated 02.06.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record.

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NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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Petitioners – accused Nos.1 to 8, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit dated 02.06.2025, which reads as under:-

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“ JOINT AFFIDAVIT

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We, 1) Sunandamma, W/o. Late. Boregowda, aged about 61 years, 2) Mohana, S/o. Late. Boregowda, aged about 34 years, both are residing at No.50, 8^th Main, 7^th Cross, Brundavananagara, Mathikere, Bengaluru 560 054, 3) Kiran, S/o. Babu T., aged about 32 years, residing at No.45/1, 9^th Main, Akkiyappa Garden, Yeshwanthpura, Bengaluru 560 022, 4) Venkatesh G.K., S/o. J.B. Kulayappa, aged about 54 years, residing at No.2, 1^st Main, 4^th Cross, B.K. Nagara, Yeshwanthpura, Bengaluru 560 022, 5) Manjunath S., S/o. Nanjappa, aged about 36 years, residing at No.677/15, ‘A' Cross, Pipeline, Yeshwanthpura, Bengaluru560 022, 6) Raghu @Raghuveer, S/o. Puttaswamy, aged about 27 years, residing at No.135, 50 feet Road, 4^th Cross, Pipeline Road, Laggere, Bengaluru560 058, 7) Prashantha, S/o Armugam, aged about 32 years, residing at No.14, 1^st Cross, Poornapura, Gokulam Post, Bengaluru- 560 054, 8) Appu, S/o. Lakshminarayana, aged about 33 years, residing near Muruga Temple Road, 7^th Cross, Poornapura, Gokulam Post, Bengaluru- 560 054 and 9) Rakesh, S/o. Late. Narasimhamurthy, aged about 49 years, residing at No.202, ‘A' Block, 2^nd Floor, Rooby

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NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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Apartments, Jalahalli, Bengaluru- 560 013, do hereby solemnly and jointly affirm and state on oath as follows:

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1. We submit that, we the petitioners and the 2^nd respondent in the above case and we are well conversant with the facts and circumstances of the case.

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2. We jointly submit that, I the 2^nd respondent herein has lodged a Private Complaint dated: 08-05-2018 before the 1^st Respondent Police alleging creation of fake Voter Identity Cards. The respondent Police have registered a case in Cr. No.54/2018 under section 506, 504, 143, 148, 120 (B), 147, 323, 149, 324 of IPC initially against the petitioners No.1 to 6 herein. After the Investigation of the case, the 1^st respondent police have submitted Charge Sheet against all the petitioners herein under section 143, 147, 506, 323, 324, 504 R/w. section 149 of IPC registered in C.C. No.1726/2019 pending on the file of the Hon'ble VIII A.C.M.M. at Bengaluru. The above said case is pending for trial before the Hon'ble Trial Court.

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3. We jointly submit that, meantime, I the 2nd respondent realized that, I had filed the complaint against the petitioners herein under misconception. Under this circumstance, at the intervention of elders, well-wishers and friends of all of us, the dispute among us has been resolved amicably. As such we are intending to compound the offences registered under section 143, 147, 506, 323, 324, 504 R/w. section 149 of IPC in C.C. No.1726/2019 pending on the file of the Hon'ble VIII A.C.M.M. at Bengaluru.

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NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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4. We jointly and respectfully submit that, since the offences under section 143 & 147 of IPC are not compoundable under section 320 of Cr.P.C. we are inevitably approaching this Hon'ble Court seeking permission to compound the alleged offences. In view of the settlement arrived among us as detailed supra, I the 2nd respondent is not interested to prosecute the C.C. No.1726/2019 pending on the file of the Hon'ble XXXI A.C.M.M. at Bengaluru. As such the same may be quashed by this Hon'ble Court unconditionally.

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5. We jointly submit that, the compromise entered in to between us is bonafide and there is no threat or coercion or undue influence in this. We are all knowing fully well about the fact and consequence of this compromise mutually agreed to settle our dispute in order to live happily and harmoniously for rest of our life. Today we have put our respective signatures to this compromise petition in accordance with law.

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PRAYER

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Wherefore, we most respectfully pray that, this Hon'ble Court may kindly be pleased to permit us to compound the offences in C.C. No.1726/2019 registered under section 143, 147, 506, 323, 324, 504 R/w. section 149 of IPC, pending on the file of the Hon'ble XXXI A.C.M.M. at Bengaluru, and consequently acquit the accused/petitioners from the aforesaid case, in the interest of justice and equity.”

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7 - NC: 2025:KHC:18520 CRL.P No. 6778 of 2025

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HC-KAR

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In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of the Joint Affidavit dated 02.06.2025.

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(ii) The proceedings in C.C.No.1726/2019 (arising out of Crime No.54/2018 of respondent No.1 – Police) registered for the offences punishable under Sections 143, 147, 506, 323, 324, 504 R/w. Section 149 of IPC, pending on the file of XXXI A.C.M.M., Bengaluru, insofar as the petitioners are concerned, are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 1 Sl No.: 31

Smt. Sunandamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Sunandamma v. State of Karnataka

Case brief

What is this about?

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