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Sri. S Siddaraju v. the State of Karnataka

Karnataka HC4 Apr 2025CRL.P/9768/2023

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), CRL.P No. 9768/2023, decided 04.04.2025 by Justice Mohammad Nawaz. S.482 CrPC quashing petition by accused No.5 against charge sheet in CC.No.626/2019 (Crime No.213/2018, Sira Police Station) for offences under Ss.114, 120B, 141-143, 149, 420, 463-465, 468, 471, 504, 506 r/w S.34 IPC. With co-accused Nos.1-4, 6, 7 already quashed (Crl.P.No.3869/2020 and Crl.P.No.5177/2023, dt.22.06.2023) on joint affidavits evidencing unconditional settlement, and allegations identical with charge sheet resting on Ss.34 and 149 IPC, continuing proceedings against accused No.5 alone held to be abuse of process; petition allowed and proceedings against him quashed.

What did the court decide?

Entire proceedings in CC.No.626/2019 before the Senior Civil Judge and J.M.F.C., Sira, quashed as against the petitioner/accused No.5.

Sri. S Siddaraju Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings in CC.No.626/2019 before the Senior Civil Judge and J.M.F.C., Sira, quashed as against the petitioner/accused No.5.

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Issue for consideration

Whether the proceedings pending against the petitioner (accused No.5) in CC.No.626/2019 can be continued when the allegations against all the accused are identical, proceedings against accused Nos.1-4, 6 and 7 already stand quashed pursuant to a settlement recorded in joint affidavits, and the charge sheet invokes Sections 34 and 149 IPC.

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Court's answer

Since the allegations against all the accused are one and the same and there is no distinct or separate allegation against the petitioner (accused No.5), proceedings cannot be continued only against him, the charge sheet having been filed invoking Sections 34 and 149 of IPC.

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Ratio / Principle

The proceeding pending against the petitioner is an abuse of the process of the Court.

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Detailed headnote1 paragraphs

Criminal Petition No. 9768 of 2023 under Section 482 Cr.P.C. by accused No.5 seeking quashing of the charge sheet in CC.No.626/2019 (Senior Civil Judge and J.M.F.C., Sira), arising out of Crime No.213/2018 of Sira Police Station, Tumkur, registered on the complaint of Rangashamaiah M.S. against accused Nos.1 to 7 for offences punishable under Sections 114, 120B, 141, 142, 143, 149, 420, 463, 464, 465, 468, 471, 504, 506 read with Section 34 IPC. Proceedings against accused Nos.1 to 4, 6 and 7 had already been quashed by the same Court in Crl.P.No.3869/2020 and Crl.P.No.5177/2023 (both dated 22.06.2023) on joint affidavits recording unconditional settlement and withdrawal of allegations. Observing that the allegations against all accused are one and the same, that no distinct or separate allegation exists against accused No.5, and that the charge sheet invoked Sections 34 and 149 IPC, the Court held that proceedings cannot be continued against accused No.5 alone and that the pending proceeding is an abuse of the process of Court. Petition allowed; entire proceedings in CC.No.626/2019 against the petitioner quashed. Bench: Hon'ble Mr Justice Mohammad Nawaz; decided 04.04.2025.

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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9768 OF 2023

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BETWEEN:

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SRI. S. SIDDARAJU S/O. LATE SIDDAPPA, AGED ABOUT 62 YEARS, AGRICULTURIST, R/O NO.41, 4^TH D CROSS RAMAIAH BADAVANE, RAJAGOPAL N PEENYA 2^ND STAGE, BANGALORE - 560058.

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…PETITIONER

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(BY SRI. B.M. HALA SWAMY, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY SIRA POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU - 560001

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SRI. RANGASHAMAIAH M .S. S/O LATE. SANNARANGAPPA, AGED ABOUT 68 YEARS, R/AT MADENAHALLI VILLAGE, SIRA TALUK, TUMAKURU, KARNATAKA - 572115

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R1 EMERGENT NOTICE ISSUED TO R2)

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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023

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THIS CRL.P IS FILED U/S. 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET FILED IN C.C.NO.626/2019 ANNEXURE C FILED BY THE RESPONDENT NO.1 SIRA POLICE STATION FOR OFFENCE P/U/S. 114,120-B,141,142,143,149,420,463,464, 465,468,471,504,506 R/W SEC. 34 OF IPC PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT SIRA.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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Charge sheet filed in CC.No.626/2019 on the file of the Court of Senior Civil Judge and J.M.F.C, Sira, is sought to be quashed in this petition preferred under Section 482 of Cr.P.C, by accused No.5.

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Crime No.213/2018 of Sira Police Station, Tumkur, came to be registered on a complaint lodged by one Rangashamaiah M.S S/o. Late. Sannarangappa for offences punishable under Section 114, 120B, 141, 142, 143, 149, 420, 463, 464, 465, 468, 471, 504, 506 read with Section 34 of IPC, against accused Nos.1 to 7,

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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023

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wherein petitioner is arraigned as accused No.5. On completion of investigation, charge sheet was filed.

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It is not in dispute that the proceedings initiated against accused Nos.1 to 4, 6 and 7 are quashed by this Court in Crl.P.No.3869/2020 dated 22.06.2023 and Crl.P.No.5177/2023 dated 22.06.2023. The copies of both the orders are enclosed along with the petition as Annexure-D and E.

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Perusal of the above orders, shows that joint affidavit was filed in both the petitions on the ground that, the parties have resolved the entire disputes between themselves unconditionally and the complainant has withdrawn all the allegations against the petitioners therein.

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Based on the joint affidavits filed by the parties, the entire proceedings against the above named accused, in CC.No.626/2019 pending on the file of the Court of Senior Civil Judge, J.M.F.C, Sira, are quashed by this Court. The allegations against all the accused are one and

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4 - NC: 2025:KHC:14328 CRL.P No. 9768 of 2023

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the same. There is no distinct or separate allegation against the petitioner, arraigned as accused No.5. That being so, proceedings cannot be continued only against

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the petitioner, as charge sheet was filed invoking Sections 34 and 149 of IPC.

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In that view of the matter, proceeding pending against the petitioner is an abuse of the process of Court. Accordingly, the following:

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ORDER

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i. Petition is allowed .

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ii. The entire proceedings in CC.No.626/2019 on the file of Court Senior Civil Judge, J.M.F.C, Sira, as against the petitioner/accused No.5 is quashed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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List No.: 1 Sl No.: 8

Sri. S Siddaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. S Siddaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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