Sri R S Ashwathanarayana Vs the State of Karnataka

SRI. R.S. ASHWATHANARAYANA AGED ABOUT 46 YEARS S/O SIDDALINGAPPA R/A RAMESHWAR VILLAGE AND POST DODDABYLAVANGALA HOBLI DODDABALLAPUR TALUK BENGALURU RURAL BENGALURU-561204

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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SRI. R.G. MADHURAJ AGED ABOUT 28 YEARS S/O.GANGARAJ RESIDENT OF RAMESHWAR VILLAGE AND POST DODDABYLAVANGALA HOBLI DODDABALLAPUR TALUK BENGALURU RURAL BENGALURU-561204

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…PETITIONERS

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(BY SRI. SARAVANA S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER NELAMANGALA POLICE STATION BENGALURU-56123 REPT. BY ITS SPP HIGH COURT OF KARNATAKA

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NC: 2026:KHC:21552 CRL.P No. 955 of 2021 C/W CRL.P No. 3269 of 2021

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HC-KAR

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BENGALURU-560001

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S. SHIVAKUMAR SON OF SIDDAGANGAPPA AGED ABOUT 50 YEARS R/AT NO.193/4, HARSHA HOSPITAL COMPOUND SONDEKOPPA CIRCLE NELAMANGALA TOWN BENGALURU-562123

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…RESPONDENTS

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(BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SRI. RAVI B. NAIK, SENIOR ADVOCATE FOR SMT. VIJETHA R. NAIK, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 12.01.2021 PASSED IN NCR.NO.23/2021 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, JMFC, NELAMANGALA AND ALL CONSEQUENTIAL PROCEEDINGS CULMINATING REGISTRATION OF CR.NO.1/2021, AND ALL FURTHER PROCEEDINGS REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 504, 506 R/W 34 OF IPC.

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IN CRL.P NO. 3269/2021

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BETWEEN:

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SRI. SHIVAKUMAR S/O. SIDDALINGAPPA AGED 52 YEARS R/AT NO.54/193/4 HARSHA INSTITUTIONS BYRAVESHWARA NAGAR SONDEKOPPA BY-PASS NELAMANGALA TALUK BENGALURU RURAL DISTRICT-73

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SRI. JAGADISH AGED ABOUT 50 YEARS, S/O. SRINIVAS C/O. SRI. VISHNU NURSING COLLEGE, NAGASANDRA, BENGALURU-560073

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...PETITIONERS

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NC: 2026:KHC:21552 CRL.P No. 955 of 2021 C/W CRL.P No. 3269 of 2021

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HC-KAR

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(BY SRI. RAVI B. NAIK, SENIOR ADVOCATE FOR SMT. VIJETHA R NAIK, ADVOCATE)

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AND:

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SRI. SIDDALINGAPPA S/O. M. KEMPAGANGAIAH AGED ABOUT 90 YEARS R/AT. RAMESHWARA VILLAGE AND POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DIST-561204

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...RESPONDENT

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(BY SRI. SARAVANA S., ADVOCATE)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT IN P C R NO.9/2021 AND QUASH THE ORDER TAKING COGNIZANCE DATED 30.01.2021 IN PCR NO.9/2021 BY THE COURT OF THE HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC AT DODDABALLAPURA FOR OFFENSES PUNISHABLE UNDER SECTIONS 323, 324, 504, 506 R/W IPC DATED 30.01.2021 AND ETC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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Crl.P.No.955/2021 is filed challenging the registration of

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NCR No.23/2021 pending trial on the file of II Additional Civil Judge and JMFC, Nelamangala for the offences punishable under Sections 504 and 506 read with Section 34 of Indian Penal Code, 1860 (henceforth referred to as 'IPC' for short). They have also sought to quash the order dated 12.01.2021

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HC-KAR

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passed in NCR No.23/2021 permitting the investigation into the offences.

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In Crl.P.No.3269/2021 the petitioners have challenged the private complaint lodged by the respondent in PCR No.9/2021 and to quash the order dated 30.01.2021 passed in PCR No.9/2021 by the Additional Civil Judge and JMFC, Doddaballapura taking cognizance of the offences punishable under Sections 323, 324, 504, 514, read with Section 34 of IPC and to quash the order issuing process to the petitioner and registration of C.C.No.514/2021.

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When these petitions are listed for orders,

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I.A.No.1/2026 is filed in both the petitions by the parties under Sections 320(1) and 320 (2) read with Section 482 of Criminal Procedure Code for compounding the offences.

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It is stated that the petitioner No.1 and respondent No.2 in Crl.P.No.955/2021 are brothers and petitioner No.2 is the nephew of respondent No.2 and in Crl.P.No.3269/2021 the respondent is the father of petitioner No.1 and the petitioner No.2 is the friend of petitioner No.1. It is also stated in the

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HC-KAR

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application that the parties have amicably settled the dispute in a suit filed by them in O.S.No.4984/2020.

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In view of the aforesaid and in view of the judgment of the Hon'ble Apex Court in the case of Gian Sing Vs. State of Punjab - (2012) 10 SCC 303 , though the offence punishable under Section 324 of IPC is noncompoundable, in view of the nature of dispute and the relationship between the parties, it is appropriate that the parties are permitted to compound the offence. Consequently, I.A.No.1/2026 filed in both the petitions under Section 320(1) and 320(2) read with Section 482 of Criminal Procedure Code are allowed.

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Consequently, Crl.P.Nos.955/2021 and 3269/2021 are disposed off and the proceedings initiated against the petitioners in Crl.P.No.955/2021 in NCR No.23/2021 and the order dated 12.01.2021 passed in NCR No.23/2021 by the II Additional Civil Judge and JMFC, Nelamangala and consequent registration of FIR by respondent No.1 in Cr.No.1/2021 for the offences punishable under Sections 504, 506 read with Section 34 of IPC is quashed and also the proceedings initiated against

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HC-KAR

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the petitioners in Crl.P.No.3269/2021 in PCR No.9/2021 pending on the file of Additional Civil Judge and JMFC, Doddaballapura and consequent registration of C.C.No.514/2021 for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of IPC and the order dated 30.01.2021 passed by the Additional Civil Judge and JMFC, Doddaballapura taking cognizance of the aforesaid offences is quashed.

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The parties are present before the Court and are identified by their respective counsel and all of them have subscribed their signatures to the order sheet of this Court in token of acceptance of they filing applications for compounding the offences.

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In view of disposal of main petitions, pending

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interlocutory applications filed in any of these petitions, do not survive for consideration and the same stand disposed off.

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Sd/(R. NATARAJ) JUDGE

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HJ

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List No.: 1 Sl No.: 3

Sri R S Ashwathanarayana v. the State of Karnataka

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Sri R S Ashwathanarayana v. the State of Karnataka

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