Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 13, Cited by 0]

Karnataka High Court

Smt. Lakshmi Priyadarshini @ vs State Of Karnataka on 21 July, 2025

                                          -1-
                                                      NC: 2025:KHC:27286
                                                 CRL.P No. 1172 of 2021


             HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 21ST DAY OF JULY, 2025

                                      BEFORE
                        THE HON'BLE MS. JUSTICE J.M.KHAZI
                       CRIMINAL PETITION NO. 1172 OF 2021
                             (482(Cr.PC) / 528(BNSS))
             BETWEEN:

             1.    SMT. LAKSHMI PRIYADARSHINI @ LAKSHMI
                   W/O CHANDRA SHEKAR
                   AGED ABOUT 36 YEARS

             2.    SRI G CHANDRA SHEKAR
                   S/O LATE KESHAVALU
                   AGED ABOUT 40 YEARS

                   BOTH ARE RESIDING AT
                   NO.5, 4TH MAIN, VINAYAKA LAYOUT
                   OPP H V RESIDENCY
Digitally          BHATTARAHALLI, BANGALORE-560 049
signed by                                                 ...PETITIONERS
REKHA R
Location:    (BY SRI. RAJESH GOWDA, ADVOCATE)
High Court
of           AND:
Karnataka

             1.    STATE OF KARNATAKA
                   BY K R PURAM POLICE STATION
                   BANGALORE-560 036
                   REPRESENTED BY
                   SPP HIGH COURT COMPLEX
                   BANGALORE-560 001
                             -2-
                                           NC: 2025:KHC:27286
                                     CRL.P No. 1172 of 2021


HC-KAR




2.   SMT G VIJAYALAKSHMI
     W/O M SHIVAPPA
     AGED ABOUT 36 YEARS,
     R/AT NO.10/A, 10TH MAIN ROAD,
     VINAYAKA EXTENSION
     BHATTARAHALLI, K R PURAM
     OPP H V RESIDENCY
     BANGALORE-560 049
                                       ...RESPONDENTS
(BY SRI.VENKAT SATHYANARAYAN, HCGP FOR R1;
SRI. SRINIVASA.T.GOWDA, ADVOCATE FOR R2)


     THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS
IN SPL.C.NO.1002/2020 FOR THE P/U/S 354,504,506,509 AND
SEC.149 OF IPC AND SEC. 3(1)(r), 3(1)(r)(s) OF SC/ST (POA)
ACT, 1989 ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU CASE
REGISTERED     BY    K.R.PURAM,    P.S.,   BENGALURU/1ST
RESPONDENT.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MS. JUSTICE J.M.KHAZI


                       ORAL ORDER

Petitioner No.1/accused No.6 and petitioner No.2/accused No.7 and respondent No.2/complainant are present.

-3-

NC: 2025:KHC:27286 CRL.P No. 1172 of 2021 HC-KAR

2. Learned counsel for petitioners and learned High Court Government Pleader for respondent No.1 State present.

3. Sri.Srinivasa T.Gowda, learned counsel has filed Vakalath for respondent No.2/complainant.

4. A compromise petition in the form of I.A.No.1/2025 supported by affidavit of petitioners is filed under Section 320 of Cr.P.C. The terms and conditions of the compromise petition reads as under:

"1. On 09.12.2019, at 8.25 PM, one Smt. G. Vijayalakshmi W/o M. Shivappa has given a complaint before respondent police alleging that she belongs to Korama community which is recognized as scheduled Caste and the complainant is residing with her husband by namely Shivappa and their two children and the Government has constructed the tar road in front of house of the complainant. In this background the complainant has alleged in her complaint that the accused knowing that she belongs to Scheduled Caste has started constructing compound wall across the government road. When the complainant asked the petitioner as to why he is constructing compound wall across the government road, suddenly, one Nagesh started abusing the complainant in foul language and also assaulted her with hand by holding her bun. It is further alleged that Vasanth Kumar, Nagesh, Manjula, Gowramma and their children, Lakshmi and her husband and have threatened her to do away with her life and sought for legal action them.
-4-
NC: 2025:KHC:27286 CRL.P No. 1172 of 2021 HC-KAR
2. It is submitted that the based on the complaint against petitioners and others the 1st respondent police have registered a criminal case for punishable under sections 3 (1) (r), 3(1) (s), 3 (1)(v) of SC & ST (Prevention of Atrocities) Act, 1989 and under sections 354, 504, 506, 34 of IPC, in Crime No. 618/2019.
3. It is submitted the respondent No.1 police have filed charge sheet against the petitioners, and others, for punishable under sections 354, 504, 506, 509 and section 149 of IPC & sections 3 (1) (r), 3(1) (s), of SC/ST Act, 1989, in Spl. C. No. 1002/2020, on the file of LXX Addl. City Civil & Sessions Judge and Special Judge at Bangalore.
4. It is submitted that the petitioners No. 1 and 2 herein and respondent No.2 are the neighbours and some ill will, she lodges a complaint. Now at the intervention of elders, family members, well-wishers and friends, they have settled the dispute between themselves. Petitioners No. 1 and 2 and respondent No.2 have agreed for mutate settlement and compromise.
5. It is submitted that petitioners No.1 and 2 and respondent No.2 have been mutually compromised. The respondent No.2 is ready to withdrawn the case filed against the petitioners, without any pressure or undue influence or coercion.
6. It is submitted that now the respondent N.2 is willfully not interested in prosecuting the case against the petitioners as they are only family friends. Now by settling this there will no hardship will cause to any either party of others. By virtue of the continuation of the proceedings, the learned trial court is proceedings further with the case and if that is allowed to be done, the petitioners will be put to irreparable loss and hardship which cannot be compensated in terms -5- NC: 2025:KHC:27286 CRL.P No. 1172 of 2021 HC-KAR money. By allowing this petition no hardship and injustice will be caused to either parties.
7. It is submitted that the respondent No.2 has no objection to quash the entire proceedings, in Spl. C. No. 1002/2020, for the punishable under sections 354, 504, 506, 509 and section 149 of IPC & sections 3 (1)
(r), 3(1) (s), of SC/ST (Prevention of Atrocities) Act, 1989, on the file of LXX Addl. City Civil & Sessions Judge and Special Judge at Bengaluru, case registered by K.R Puram, Police Station, Bangalore/ 1st respondent."

5. Respondent No.2/complainant admit the compromise and submits that she has no objection to allow the petition and compound the offences. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:

ORDER
(i) The petition filed by petitioner No.1/accused No.6 and petitioner No.2/accused No.7 under Section 482 Cr.P.C is allowed.
-6-

NC: 2025:KHC:27286 CRL.P No. 1172 of 2021 HC-KAR

(ii) The proceedings in Spl.C.No.1002/2020 for the offences punishable under Sections 354, 504, 506, 509 and Section 149 of IPC and Sections 3(1) (r), 3(1) (s) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 on the file of LXX Addl. City Civil and Sessions Judge and Spl.Judge at Bengaluru, arising out of Cr.No.618/2019 of K.R.Puram PS, is hereby quashed.

(iii) The Registry is directed to send copy of this order to the trial Court through e-mail.

Sd/-

(J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 36