Mr. B.S. Raja, Vs State of Karnataka

¶1

HC-KAR

¶2

1 -

¶3

NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶4

CNR: KAHC010562222023

¶5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026 BEFORE

¶6

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11551 OF 2023 C/W CRIMINAL PETITION NO. 12627 OF 2023

¶7

IN CRL.P No. 11551/2023:

¶8

BETWEEN:

¶9

MR. K.N. RAKSHITH S/O LATE K.V. NAGABHUSHANA AGED ABOUT 34 YEARS NO.112/1, SURVEYOR STREET BASAVANGUDI BENGALURU - 560 004.

¶10

MRS. PRIYANKA W/O K N RAKSHITH AGED ABOUT 32 YEARS NO.112/1, SURVEYOR STREET BASAVANGUDI

¶11

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

¶12

BENGALURU - 560 004.

¶13

MR. M.S. SANDEEP KUMAR S/O M.V. SATHYANARAYANA SETTY AGED MAJOR, OLD NO.98 NEW NO.392, 8TH CROSS 10TH MAIN, BHUVANESHWARI NAGAR BANASHANKARI 3RD STAGE BENGALURU - 560 085.

¶14

…PETITIONERS

¶15

(BY SRI. LAKSHMIKANTH K, ADV.,)

¶16

AND:

¶17

STATE OF KARNATAKA BY HALASURGATE POLICE STATION REPRESENTED BY HCGP

¶18

2 -

¶19

HC-KAR

¶20

NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶21

CNR: KAHC010562222023

¶22

HIGH COURT BUILDING BANGALORE - 560 001.

¶23

MRS. K.N. ANURADHA W/O LATE K.V. NAGABHUSHANA AGED ABOUT 63 YEARS SRI HARI TRADERS NO.14, 2ND MAIN ROAD NEW THARAGUPET BENGALURU - 560 002.

¶24

…RESPONDENTS

¶25

(BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; SRI HEMANTHA B, ADV., FOR R-2)

¶26

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN (PCR NO.14321/2021) C.C.NO.8759/2022 P/U/S.504,506,120-B,201,420 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE LEARNED I ACMM BENGALURU.

¶27

IN CRL.P NO. 12627/2023:

¶28

BETWEEN:

¶29

MR. B.S. RAJA S/O LATE SHIVARAMIAH SETTY AGED ABOUT 56 YEARS R/AT NO. 25/2, HARIHARA APARTMENTS F1, RANGARAO ROAD, SHANKARAPURAM BENGALURU 560 004.

¶30

...PETITIONER

¶31

(BY SRI SRIRAMKISHAN B.R, ADV.)

¶32

AND:

¶33

STATE OF KARNATAKA REP BY HALASURUGATE P.S REP BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 002.

¶34

MRS. K N ANURADHA W/O LATE K V NAGABUSHANA AGED ABOUT 61 YEARS SRI. HARI TRADERS, NO.14

¶35

3 -

¶36

NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶37

HC-KAR

¶38

CNR: KAHC010562222023

¶39

2nd MAIN ROAD, NEW THARUGPET BENGALURU 560 002.

¶40

...RESPONDENTS

¶41

(BY SRI CHNNAPPA ERAPPA, HCGP FOR R-1; SRI NARENDRA P.R, ADV., FOR R-2)

¶42

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER HEREIN CONCERNED PURSUANT TO ORDER DATED 17.03.2022 IN C.C.NO.8759/2022 FOR THE ALLEGED OFFENCE P/U/S 504, 506, 120B, 201, 420 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE LEARNED I A.C.M.M. BENGALURU, WHICH IS PRODUCED VIDE ANNEXURE-D.

¶43

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

¶44

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶45

ORAL ORDER

¶46

Accused Nos.1 to 4 are before this Court in these

¶47

two petitions filed under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C. No.8759 of 2022 pending before the Court of I ACMM, Bengaluru arising out of Crime No.150 of 2021 registered by Halasurgate Police Station, Bengaluru City for offences punishable under Section 504, 506, 120B, 201 & 420 R/w Section 34 of IPC.

¶48

Heard the learned counsel for the parties.

¶49

4 - NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶50

HC-KAR

¶51

CNR: KAHC010562222023

¶52

Learned counsel for the petitioners and learned counsel for respondent no.2 jointly submit that the dispute between the parties has been amicably settled and the properties, which are subject matter of the dispute are now partitioned amicably in O.S.No.6600 of 2021, in which parties have reported settlement and have filed a compromise petition under Order XXIII Rule 3 R/w Section 151 of CPC. They have today filed a joint application under Section 320 R/w Section 482 of Cr.P.C, with a prayer to quash the entire proceedings, based on the settlement reported by them before the Civil Court in O.S.No.6600 of 2021.

¶53

Accused nos.1 and 4 and respondent no.2, who are present before this Court in person are identified by their learned Advocates. They submit that, settlement arrived between the parties is voluntary without there being undue influence and coercion and the parties, who are close relatives have decided to put an end to all the litigations and give quietus to the same.

¶54

5 - NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶55

HC-KAR

¶56

CNR: KAHC010562222023

¶57

Along with the joint application today filed by the parties, the memorandum of compromise petition filed in O.S.No.6600 of 2021 before the jurisdictional civil Court, Bengaluru under Order XXIII Rule 3 R/w Section 151 of CPC is produced. The order sheet in O.S.No.6600 of 2021, which is made available to this Court would go to show that, based on the compromise petition submitted by the parties the suit is decreed before the Lok Adalat on 03.03.2025 and the registry is directed to draw a decree in accordance with the compromise petition filed by the parties. In paragraph no.4 of the memorandum of compromise petition filed by the parties in O.S.No.6600 of 2021, it is averred as follows:

¶58

" 4. The parties herein to save the honor and prestige of the family and also to keep the Schedule Properties away from the litigation pending in the Courts and decided to put an end to all the litigation forever, which were filed by the parties against each others, such as O.S.No.6600/2021, pending on the file of CCCH.No.27, Bengaluru O.S.No.5406/2021, on the filed of CCCH.No.67, Bengaluru, O.S.No5857/2023, on

¶59

the filed of CCCH.No.26, Bengaluru O.S.No.3340/2022, pending on the file of CCCH.No.27, Bengaluru, converted from P & SC No.111/2021, C.C.No.8759/2022 filed by first

¶60

NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶61

6 -

¶62

HC-KAR

¶63

CNR: KAHC010562222023

¶64

defendant against the second and third defendants, on the file of VI Addl. Chief Judicial Magistrate, Bengaluru City under Sec.417, 420, 465, 467, 468, 471, 474, 120-B, 504, 506-B r/w Sec. 34 IPC."

¶65

In paragraph nos.3 and 4 of the joint application

¶66

filed by the parties under Section 320 of Cr.P.C, it is averred as follows:-

¶67

"3. It is submitted that, parties have entered into a comprehensive settlement in O.S.No.6600/2021 on the file of the City Civil and Sessions Judge, Bengaluru (CCH-27), along with several other civil suits. In terms of the compromise between the parties in O.S.No.6600/2021, the Respondent No.2 has agreed to withdraw all allegations and has no objection to allow the above petition for quashing the proceedings in C.C.No.8759/2022. The copy of the compromise petition, is herewith produced for the kind perusal of this Hon'ble Court.

¶68

4. It is submitted that, the dispute between the parties is purely civil and family dispute in nature. Since the parties have amicably settled the dispute, continuing the criminal proceedings in C.C.No.8759/2022 arising out of PCR No.14321/2021 registered for the alleged offences punishable under Sections 504, 506, 120-B, 201, 420 R/w Section 34 of IPC, pending on the file of the Learned I ACMM,

¶69

7 - NC: 2026:KHC:50535 CRL.P No. 11551 of 2023 C/W CRL.P No. 12627 of 2023

¶70

HC-KAR

¶71

CNR: KAHC010562222023

¶72

Bengaluru, would not serve any useful purpose and would amount to an abuse of the process of law."

¶73

The alleged offences are all compoundable in nature

¶74

and parties who are close relatives have decided to put an end to all inter se dispute between the parties including civil and criminal cases. Under the circumstances, I am of the opinion that this is a fit case wherein this Court is required to exercise its inherent power under Section 482 of Cr.P.C, in order to

¶75

secure the ends of justice. Accordingly, the following :-

¶76

ORDER

¶77

Criminal petitions are allowed.

¶78

The entire proceedings in C.C.No.8759 of 2022 pending before the Court of I ACMM, Bengaluru arising out of Crime No.150 of 2021 registered by Halasurgate Police Station, Bengaluru City for offences punishable under Sections 504, 506, 120B, 201 & 420 R/w Section 34 of IPC is quashed as against the petitioners.

¶79

Sd/(S VISHWAJITH SHETTY) JUDGE

¶80

NMS/List No.: 2 Sl No.: 20

Mr. B.S. Raja, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. B.S. Raja, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases