Karnataka High Court
Hemanth B H vs The State Of Karnataka By on 21 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 14092 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.14092 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. HEMANTH B.H.,
S/O.HANUMANTHAIAH,
AGED ABOUT 29 YEARS,
R/AT NO.62, 1ST MAIN ROAD,
4TH CROSS, SANJEEVINI NAGARA,
HEGGANAHALLI, VISHWANEEDAM POST,
BENGALURU - 560 091.
2. GAVIRANGAPPA
S/O. RANGAPPA,
AGED ABOUT 46 YEARS,
R/AT 1063, 3RD CROSS, 1ST MAIN,
SANGEEVINI NAGARA, HEGGANAHALLI,
BENGALURU - 560 091.
AND ALSO AT NO.146,
VAKKALAGERE VILLAGE, KADUR TALUK,
CHIKKAMANGALURU DIST. - 577 180.
...PETITIONERS
(BY SRI. MANJUNATHA A C., ADVOCATE)
Digitally AND:
signed by
LEELAVATHI 1. THE STATE OF KARNATAKA
SR
BY RAJAGOPAL NAGAR POLICE STATION,
Location:
High Court PEENYA SUB-DIVISION,
of Karnataka BENGALURU - 560 058.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. PUSHPALATHA
D/O. SRI MARIYAPPA,
AGED ABOUT 28 YEARS,
NO.101, 82/2, SRIGANDHA KAVALU,
GAJANANA NAGARA, HEGGANAHALLI,
BENGALURU - 560 091.
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CRL.P No. 14092 of 2024
AND ALSO AT NO.68/3,
ANDRAHALLI MAIN ROAD,
OPP. JYOTHI BAKERY,
MARUTHI NAGAR, HEGGANAHALLI,
BENGALURU NORTH - 560 091.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
SRI. SHEKARAPPA, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN SPL.C.NO.1756/2023 ON THE FILE OF THE LXX
ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE
(CCH-71) AT BENGLAURU FOR THE OFFENCE P/U/S 498-A, 507 R/W
SEC.34 OF IPC AND SEC.3(1)(r)(s) OF SC/ST (POA) ACT VIDE
ANNEXURE-'A' AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:
"i. Call for records in Spl.C.No.1756/2023 on the file of the LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru;
ii. Quash the entire proceedings in Spl.C.No.1756/2023 on the file of the LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru for the offence punishable under Sections 498(A), 507 read with section 34 of the I.P.C and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act vide Annexure - 'A' iii. Allow this petition with costs; and -3- NC: 2025:KHC:2528 CRL.P No. 14092 of 2024 iv. Grant such other relief as this Hon'ble Court deems fit to grant in the circumstances of the case."
2. Learned counsel for the petitioners - accused Nos.1 and 2 has filed separate Affidavits of 1st petitioner and 2nd petitioner duly signed by the respective petitioner and the counsel and learned counsel for 2nd respondent - complainant has filed the Affidavit of 2nd respondent duly signed by 2nd respondent and the counsel and the same are taken on record.
3. Petitioners - accused Nos.1 and 2 and his counsel and respondent No.2 - complainant and her counsel are physically present before the Court and they admit the contents of the Affidavits.
3.1. The Affidavit filed by 1st petitioner - accused No.1 reads as under:-
"I, Hemanth B.M., S/o Hanumanthaiah, Aged about 29 years, R/at No.62, 1st Main Road, 4th Cross, Sanjeevini Nagara, Hegganahalli, Vishwaneedam Post, Bengaluru - 560 091, do hereby state as follows:-
1. I swear that, I am the petitioner No.1 in the above case and I know the facts of the case, I am deposing to.
2. I swear that the 2nd respondent herein has filed a case in Crime No.150/2023 before the Respondent No.1 Rajagopal Nagar Police Station for the offence punishable -4- NC: 2025:KHC:2528 CRL.P No. 14092 of 2024 under Section 498(A), 507 read with Section 34 of the I.P.C.
and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, now pending on the file of the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru.
3. I swear that, after the investigation the 1st respondent filed a charge sheet before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in Spl.C.C.No.1756/2023 for the offence punishable under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the 2nd respondent were settled in M.C.No.6106/2024 before the 1st Addl. Judge, Family Court at Bengaluru.
4. I swear that in view of compromise entered between me and 2nd respondent herein, she is not interest to prosecute the Criminal Case pending before the Trial Court in order to preserve the precious time of the Trial Court the above accompanying application is filed by the 2nd respondent to quash the entire proceedings in Spl.C.C.No.1756/2023 for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act pending before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru. Hence, this affidavit.
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5. I swear that, I have not filed any other application for the similar relief before this Hon'ble Court along with main petition.
6. I swear that, the affidavit filed with my true and will and consent without any pressure or corrosion.
7. I swear that, if the affidavit allowed no hardship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice.
Wherefore, I pray that this Hon'ble Court may be pleased to quash the entire proceedings in Spl.C.C.No.1756/2023 (in Crime No.150/2023) for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act pending before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru, in the interest of justice.
I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief."
3.2. The Affidavit filed by 2nd petitioner - accused No.2 reads as under:-
"I, Gavirangappa S/o Rangappa, Aged about 46 years R/at 1063, 3rd Cross, 1st Main, Sangeevini Nagara, Hegganahalli, Bengaluru - 560 091 and also at No.146, Vakkalagere Village, Kadur Taluk, Chikkamangaluru Dist. - 577 180, do hereby state as follows:--6-
NC: 2025:KHC:2528 CRL.P No. 14092 of 2024
1. I swear that, I am the 2nd petitioner in the above case and I know the facts of the case, I am deposing to.
2. I swear that, the 2nd respondent herein has filed a case in Crime No.150/2023 before the Respondent No.1 Rajagopal Nagar Police Station for the offence punishable under Sections 498(A), 507 read with Section 34 of the I.P.C.
and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, now pending on the file of the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru.
3. I swear that, after the investigation the 1st respondent filed a charge sheet before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in Spl.C.C.No.1756/2023 for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the 2nd respondent were settled in M.C.No.6106/2024 before the 1st Addl. Judge, Family Court at Bengaluru.
4. I swear that, in view of compromise entered between me and 2nd respondent herein, she is not interest to prosecute the Criminal Case pending before the Trial Court in order to preserve the precious time of the Trial Court the above accompanying application is filed by the 2nd respondent to quash the entire proceedings in Spl.C.C.No.1756/2023 for the offence under Sections 498(A), 507, read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes -7- NC: 2025:KHC:2528 CRL.P No. 14092 of 2024 (Prevention of Atrocities) Act, pending before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru. Hence, this affidavit.
5. I swear that, I have not filed any other application for the similar relief before this Hon'ble Court along with main petition.
6. I swear that, the affidavit filed with my true and will and consent without any pressure or corrosion.
7. I swear that, if the affidavit allowed no hardship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice.
Wherefore, I pray that this Hon'ble Court may be pleased to quash the entire proceedings in Spl.C.C.No.1756/2023 (in Crime No.150/2023) for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru, in the interest of justice.
I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief."
3.3. The Affidavit filed by 2nd respondent - complainant reads as under:-
"I, Pushpalatha D/o. Sri. Mariyappa, Aged about 28 years, R/at No.101, 82/2, Srigandha Kavalu, Gajanana Nagara, Hegganahalli, Bengaluru - 560 091 and also at -8- NC: 2025:KHC:2528 CRL.P No. 14092 of 2024 No.68/3, Andrahalli Main Road, Opp. Jyothi Bekery, Maruthi Nagar, Hegganahalli, Bengaluru North - 560 091, do hereby state as follows:-
1. I am conversant with the facts of the case and I am swearing this affidavit as hereunder.
2. I swear that, on the basis of my complaint the Respondent No.1 herein has registered a case in Crime No.203/2021 for the offence punishable under Sections 498(A), 507, read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioner Nos.1 and 2 herein.
3. I swear that, after the investigation the 1st respondent filed charge sheet before the learned LXX Addl.
City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in Spl.C.C.No.1756/2023 for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
4. I swear that, in view of the intervention of elders and well wishers of our respective family members. We settled our disputes in M.C.No.6106/2023 before the Principal Judge, Family Court, Bengaluru, in view of the said settlement, I am not interested to prosecute the above said case before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in Spl.C.C.No.1756/2023 for the offence under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled caste and scheduled Tribes (prevention of Atrocities) Act, as such the said case filed by -9- NC: 2025:KHC:2528 CRL.P No. 14092 of 2024 me may be quashed. Further, I submit that as per that settlement I have received a balance amount of Rs.2,50,000/- through D.D. bearing No.002289 dated 18.01.2025, Axis Bank, Bengaluru.
5. I swear that, in order to preserve the precious time of the Trial Court this affidavit is filed to quash the proceedings in Spl.C.C.No.1756/2023 (in Crime No.150/2023) pending before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru for the offence punishable under Section 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Act.
6. I swear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one.
Wherefore, this affidavit may be taken on record and proceedings in Spl.C.C.No.1756/2023 (in Crime No.150/2023) for the offence punishable under Sections 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered by the 1st respondent Rajagopal Nagar Police Station, at Bengaluru now pending on the file of the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru, in the interest of justice.
I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief."
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4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Affidavits filed by 1st petitioner - accused No.1, 2nd petitioner - accused No.2 and 2nd respondent - complainant, all dated 21.01.2025.
(ii) The proceedings in Spl.C.No.1756/2023 arising out of Crime No.150/2023 pending on the file of the LXX Addl. City Civil & Sessions Judge & Special Judge (CCH-71), Bengaluru, in relation to the petitioners are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 83