Karnataka High Court
Sri Anand Kumar vs State Of Karnataka on 22 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:28579
CRL.P No. 6942 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6942 OF 2024
BETWEEN:
1. SRI. ANAND KUMAR
S/O RAJEGOWDA,
AGED ABOUT 31 YEARS,
R/AT NO. 20, ILIYAS NAGAR,
MUNIYAPPA COMPOUNDA
BENGALURU SOUTH, J.P. NAGAR,
BENGALURU-560 078.
2. SRI. ABHISHEK
S/O MADHUSUDAN,
AGED ABOUT 33 YEARS,
R/AT KANAKAPURA TOWN,
MALAGALA BEEDHI, KANAKAPURA TOWN,
KANKAPURA TALUK,
Digitally signed
by NAGAVENI RAMANAGRA DISTRICT,
Location: HIGH KARNATAKA-562 117.
COURT OF
KARNATAKA
3. SRI. SRINIVASA
S/O CHANNA GULLAIAH,
AGED ABOUT 26 YEARS,
R/AT INORGOLLAHALLI VILLAGE,
KASABA HOBLI,
KANKAPURA TALUK,
RAMANAGRA DISTRICT,
KARNATAKA-562 119.
...PETITIONERS
(BY SRI. NAGENDRA B., ADVOCATE)
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NC: 2024:KHC:28579
CRL.P No. 6942 of 2024
AND:
1. STATE OF KARNATAKA
BY HAROHALLI POLICE STATION,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560 001.
2. SRI. NAVEENKUMAR H C.,
S/O CHIKKAMARIYAPPA,
AGED ABOUT 26 YEARS,
R/AT HULISIDDEGOWDANA DODDI VILLAGE,
T BANNIKUPPE, HAROHALLI HOBALI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT,
KARNATAKA-562 112.
...RESPONDENTS
(BY SRI. P. THEJESH, HCGP FOR R1/STATE;
SRI. RAMESH K.C., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS ON THE BASIS OF
COMPROMISE IN CR.NO.140/2023 (C.C.NO.1113/2023) ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT
KANAKAPURA BY THE RESPONDENT HAROHALLI POLICE, FOR
THE OFFENCE P/US/ 323,324,341,504,506 R/W SEC.34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
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NC: 2024:KHC:28579
CRL.P No. 6942 of 2024
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question the registration of a crime in Crime No.140/2023 (C.C. No.1113/2023) for offence punishable under Sections 323, 324, 341, 504, 506 read with Section-34 of IPC.
2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have filed an application seeking compounding of the offence under Section-320 of Cr.P.C., appending to it a Joint Affidavit is filed. The same reads as follows:
"APPLICATION UNDER SECTION - 482 READ WITH SECTION - 320 OF THE CODE OF CRIMINAL PROCEDURE CODE That for the reasons sworn to in accompanying joint affidavit, the petitioner and respondent most humbly prays that this Hon'ble Court may kindly be pleased to compromise the case, in Crime No.140/2023 (CC 1113/2023) on the file of the Principal Civil Judge And JMFC Court at Kanakapura, by the respondent Harohalli Police, for the offence punishable under Section - 323, 324, 341, 504, 506 read with Section--4-
NC: 2024:KHC:28579 CRL.P No. 6942 of 2024 34 of IPC, as against the present petitioners/ accused in the interest of justice and equity.
JOINT AFFIDAVIT We, Sri.Anand Kumar S/o. Rajegowda, Aged about 31 years, R/at - No.20, Illiyas Nagar, Muniyappa Compounds, Bengaluru South, J.P.Nagar, Bengaluru - 560 078, Abhishek, S/o. Madusudan aged about 33 years, Aged about 33 years, R/At - Kanakapura town, Malagala Beedhi, Kanakapura Town, Kankapura Taluk, Ramanagra District, Karnataka - 562 117, Srinivasa S/o. Channagullaiah, aged about 26 years, R/at - Inorgollahalli Village, Kasaba Hobli, Kanakapura Taluk, Ramanagara District, Karnataka 562 119, Naveen Kumar H.C., S/o. Chikkamariyappa, Aged about - 26 years, R/At - Hulisiddegowdana Doddi Village, T. Bannikuppe, Harohalli Hobali, Kanakapura Taluk, Ramanagara District, Karnataka - 562 112, As solemnly oath as follows:
1. We submit that we are petitioners and respondent No.2, in the above case, I know the fact of the case and hence I'am swearing this affidavit myself and on behalf of the At Bengaluru.
2. We submit that I had filed this petition for quashing the entire proceedings in Crime No.140/2023 (CC 1113/2023) on the file of Prl. Civil Judge and JMFC Court at Kanakapura, by the respondent Harohalli Police, for the offence punishable under Section-
323, 324, 341, 504, 506, read with Section-34 of IPC.
3. I submits that the averments or fact of the case is that, it is alleged in the complaint and charge sheet that, respondent No.2 filed the complaint before the respondent police stating that, the petitioners, are started quarrel with respondent No.2 on 03.04.2023, when the respondent No.2 came on motor bike, at that time the petitioner Nos.1 and 2 had followed the motor cycle started trouble to him, as a result of that quarrel has been taken up, thereafter the petitioner nos.3 and 4 were joined -5- NC: 2024:KHC:28579 CRL.P No. 6942 of 2024 the with petitioner restrained him beaten their hands, as a result, the respondent No.2 suffered normal injuries, thereafter the respondent No.2b had filed the complaint before the respondent Police, as per the credible information the respondent Police registered the FIR in crime No.140/2023 for the offence punishable under Section-323, 324, 341, 504, 506 read with Section- 34 of IPC after completion of the investigation filled the charge sheet against the present petitioners.
4. I submits that we have a good case on merits and entire proceedings will not be quashed I would grate hardship and will be put the street, if the petition is allowed there is no hardship, prejudice to the other side.
WHEREFORE, I most humbly pray that this Hon'ble Court may kindly be pleased to allow the accompanying application, and quash the entire proceedings as on the basis of compromise, in the interest of justice."
3. In the light of application compounding for being filed along with the joint petition and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioner in the subject petition.
4. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is disposed.-6-
NC: 2024:KHC:28579 CRL.P No. 6942 of 2024 ii. Proceedings in Crime No.140/2023 (C.C. No.1113/2023) for offence punishable under Sections 323, 324, 341, 504, 506 read with Section-34 of IPC pending before the Principal Civil Judge & JMFC Court at Kanakapura, stands quashed qua the petitioner.
Sd/-
(M.NAGAPRASANNA) JUDGE JJ List No.: 1 Sl No.: 206