Karnataka High Court
K K Arun vs Mr Balakrishna on 6 December, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 25808 OF 2013 (GM-POLICE)
C/W
WRIT PETITION NO. 50781 OF 2016 (GM-RES)
WRIT PETITION NO. 32034 OF 2024 (GM-RES)
IN WP No. 25808/2013
BETWEEN:
1. K.K. ARUN
S/O KRISHNE GOWDA
AGED ABOUT 27 YEARS
PC NO.10801
PRESENTLY WORKING AT
MARKET TRAFFIC POLICE STATION
BANGALORE-560002
2. LOKESH
S/O RAJGOPAL
Digitally signed
by SHWETHA AGED ABOUT 24 YEARS
RAGHAVENDRA PC NO.11914
Location: HIGH THYAGARAJANAGARA POLICE STATION
COURT OF BANGALORE-560028
KARNATAKA
3. THAMMANNA BAJANTRI
S/O LATE THIPPANNA
AGED ABOUT 58 YEARS
POLICE SUB INSPECTOR
PRESENTLY WORKING AT
BANASHANKARI TRAFFIC POLICE STATION
BANGALORE-560085
4. MR. G. MAHADEVA
S/O LATE GIRIMALLAIAH
AGED ABOUT 54 YEARS
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
INSPECTOR OF POLICE
PRESENTLY WORKING AT
HIGH COURT VIGILENCE
BANGALORE-560001560001
...PETITIONERS
(BY SRI. KEMPARAJU.,ADVOCATE)
AND:
1. MR. BALAKRISHNA
S/O BABU RAO
AGED ABOUT 27 YEARS
R/A NO.249
7TH A CROSS, 3RD FLOOR
SHASHTRINAGARA
BANGALORE-560028
2. DEPUTY COMMISSIONER OF POLICE
SOUTH DIVN(JAYANAGARA)
BANGALORE-560004
3. COMMISSIONER OF POLICE
INFANTARY ROAD
BANGALORE-560001
4. DIRECTOR GENERAL AND INSPECTOR OF POLICE
NRUPATHUGNA ROAD
BANGALORE-560002
5. THE GOVT OF KARNATAKA
BY HOME DEPARTMENT
VIDHANASOUDHA
BANGALORE-560001
REPRESENTED BY SECRETARY
...RESPONDENTS
(BY SMT. SHRIDEVEI BHOSALE., ADVOCATE FOR R1
SRI. SPOORTHY HEGDE., AGA FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
MANDAMUS AND DIRECT THE RESPONDENT NO.4 TO CONSIDER THE
REQUEST, THE REPRESENTATION DATED 7.6.2013 VIDE ANENXURE-
F IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
IN WP NO. 50781/2016
BETWEEN:
1. SRI BALAKRISHNA
S/O BABURAO,
AGED ABOUT 29 YEARS
R/AT NO.249, 7TH A CROSS,
SHASHTRINAGAR,
BENGALURU-560028.
2. SRI RAGHAVENDRA
S/O SUDHEER
AGED ABOUT 28 YEARS
R/AT NO.251, 6TH CROSS,
4TH MAIN, PIPE LINE ROAD,
SRINIVASANAGAR,
B.S.K. 1ST STAGE,
BENGALURU-560085.
3. SRI LAYADU PRITHAM D'SOUZA
S/O LIYO D'SOUZA
AGED ABOUT 29 YEARS
R/AT NO.8, AIYAPPA
GARDEN, 1ST CROSS,
ADUGODI, BENGALURU CITY.
...PETITIONERS
(BY SMT. SHIRIDEVI BHOSALE., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THYAGARAJANAGAR P.S
BENGALURU CITY,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
2. SRI ARUN K.K
PC 10801
THYAGARAJANAGAR P.S,
BENGALURU-560028.
...RESPONDENTS
(BY SRI. SREEDHAR N. HEGDE., ADVOCATE FOR R1;
SRI. KEMPARAJU.,ADVOCATE FOR R2)
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE 1973, PRAYING TO
ISSUE A WRIT OF CERTIORARI DIRECTING THE CASE IN FIR
NO.04/2012 DATED 14.01.2012 COMPLAINT DATED 14.01.2012,
CHARGE SHEET IN CC NO.5321/2012 PENIDNG BEFORE THE VIII
ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR
THE OFFENCES PUNISHABLE UNDER SECS. 323, 324, 341, 504,
506 R/W 34 OF INDIAN PENAL CODE BE TRIED JOINTLY ALONG
WITH CC NO.11226/2012 PENDING ON THE FILE OF VIII ADDL.
CHIEF METROPOLITAN MAGISTRATE FOR THE OFFENCES
PUNISHABLE UNDER SEC. 341, 323, 332, 504 R/W 34 OF
INDIAN PENAL CODE AT ANNEX-A, B & C AND ETC.
IN WP NO. 32034/2024
BETWEEN:
1. K K ARUN
S/O KRISHNE GOWDA
AGED ABOUT 38 YEARS
PC NO.10801
MARKET TRAFIC POLICE STATION
BANGALORE-560001
2. LOKESH
S/O RAJGOPAL
AGED ABOUT 35 YEARS
PC NO.11914
THYAGARAJANAGARA POLICE STATION
BANGALORE-560028
3. G MAHADEVA
S/O LATE GIRIMALLAIAH
AGED ABOUT 54 YEARS
INSPECTOR OF POLICE
HIGH C OURT OF KARNATAKA
BANGALORE-560001
...PETITIONERS
(BY SRI. KEMPARAJU.,ADVOCATE)
AND:
MR BALAKRISHNA
S/O BABU RAO
AGED ABOUT 38 YEARS
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
R/A NO.249
7TH A CROSS, 3RD FLOOR
SHASTRINAGARA
BANGALORE-560028
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CPC
1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.5321/2012 PENDING ON THE FILE OF VIII ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE, BENGALURU, AGAINST THE
PETITIONER NO. 1 TO 3, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 323, 324, 304, 506 R/W 34 OF INDIAN PENAL
CODE, IN VIEW THE SETTLEMENT ARRIVED INTO BETWEEN THE
PARTIES.
THESE WRIT PETITIONS, COMING ON FOR HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioners are before this Court seeking for the following relief:
In W.P.No.25808/2013:
a. Issue a writ of mandamus and direct the respondent No.4 to consider the request, the representation dated 07.06.2013 under vide No. 31/aparada-2/COP/2013-14 at Annexure-F in the interest of justice and equity.
In W.P.No.50781/2016:
a. Issue a writ of certiorari directing the case in FIR No.04/2012 dated 14/01/2012, complaint dated 14.01.2012, charge sheet in CC No.5321/2012, pending before the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 323, 324, -6- NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 341, 504, 506 r/w 34 of IPC be tried jointly along with CC.No.11226/2012 pending on the file of VIII Additional Chief Metropolitan Magistrate for the offences punishable under Section 341, 323, 332, 504 r/w 34 of IPC are produced here at Annexure-A, B and C. b. Grant the costs of this Proceedings and pass such other order or orders as this Hon'ble Court deems fit in the circumstances of the case.
In W.P.No.32034/2024:
Quash the entire proceedings in C.C.No.5321/2012 pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru, against the Petitioner No. 1 to 3, for the offences punishable under sections 323, 324, 304, 506 r/w 34 of IPC, in view of the settlement arrived into between the parties, in the interest of justice and equity.
2. In WP No.50781/2016, an application under Section 320 read with Section 482 of the Code of Criminal Procedure has been filed APPLICATION FILED UNDER SECTION 320 R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE The Petitioners and the Respondent No.2 in this case respectfully submit as follows;
1. That, based on the Complaint filed by the Respondent No.2 Police have registered an FIR and laid charge sheet, for the offences punishable under Sections 341, 323, 332, 504 R/w 34 of Indian Penal Code, presently pending in CC No. 11226/2012, on -7- NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, impugning the said proceedings the Petitioners are before this Hon'ble Court.
2. That, the Petitioners and the Respondent No.2 have settled the disputes between themselves amicably and in pursuance of the settlement entered into the parties to the parties have sworn to a joint affidavit. The detailed joint affidavit sworn to by the parties is produced here at DOCUMENT NO.1.
3. That, this Hon'ble Court in its inherent jurisdiction has ample powers to compound all the offences alleged in the impugned proceedings.
4. That, in view of the settlement entered into between the parties this Hon'ble Court, may kindly be pleased to compound the offences.
WHEREFORE, it is prayed that this Hon'ble Court may be pleased to permit the Respondent No.2 to compound the offences punishable under Sections 341, 323, 332, 504 R/w 34 of Indian Penal Code, presently pending in CC No. 11226/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, in the interest of justice and equity.
PLACE: BENGALURU ADVOCATE FOR THE PETITIONERS DATE: 04/12/2024 ADVOCATE FOR RESPONDENT NO.2
3. A joint affidavit in support thereof, reads as under;
JOINT AFFIDAVIT We, 1) Balaksrishna, S/o. Baburao, aged about 40 years, R/at: No. 249, 7th A Cross, Shastrinagar, Bengaluru-560 028, 2) Raghvendra, S/o. Sheer, aged about 34 years, R/at: No. 251, 6th Cross, 4th main, Pipe Line Road, Srinivasanagar, BSK, 1st Stage, Bengaluru -560085, and 3) Loyed Preetham'souza, S/o. Leo D'souza, aged about 34 years, R/at: No. 8, -8- NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 Aiyappa Garden, 1st Cross, Adugodi, Bengaluru- 560
030., and 4) K.K. Arun, S/o Krishne Gowda, P.C. 10801, Police Constable Tyagrajanagar Police Station, Bengalur-560 028., do hereby state on solemn affirmation as follows;
1. We submit that, the first three deponents to this affidavit are the petitioners in this case and the Deponent No.4 is the Respondent No.2 and we know the facts and circumstances of this case and hence we are swearing to this affidavit.
2. we submit that, there has been a compromise entered into between us in the given facts and circumstances of this case, and knowing fully such facts and circumstances and the background of the compromise, we jointly swearing to the contents of this Joint affidavit.
3. We submit that, on the information of the fourth deponent herein, FIR had come to be registered and charge sheet was filed against the Deponents No. 1 to 3 herein, for the offences punishable under Sections 341, 323, 332, 504 R/W 34 of Indian Penal Code, presently pending in CC No. 11226/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru.
4. We submit that, in the same way on the complaint of the first deponent herein, a charge sheet has come to be filed against Deponent No. 4 and others, for the offence punishable under Section 384 of IPC, which is presently pending in CC No. 5321/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under sections 323, 324, 341, 504, 506 R/w 34 of Indian Penal Code. These two cases arise out of the same incident and are filed against each other by Deponents No. 1 to 3 and Deponent No. 4.
5. We the Deponents respectfully submit that, the proceedings have been initiated by us against each other in the year 2012 and during this period several -9- NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 times we have discussed about settling the matter between us and reporting it to the Hon'ble Court, as we have realised that the litigation between us is a result of minor altercation between us.
6. We submit that, our individual careers are getting affected by above referred cases against each other and hence we want to bury the differences and move on, to enable each other to pursue our careers.
7. We submit that, this Hon'ble Court may also kindly appreciate the fact that, the Deponents No. 4 to this affidavit and other petitioners in the connected petition are Police persons serving in Bengaluru and I the Deponent No. 1 is a practicing advocate in Bengaluru, and quite often it so happens that we see each other in the Court premises and there are occasions when we even have to speak to each other for the purpose of cases, in discharge of our duties towards the dispensation of justice. It is for this reason also we the Deponents have resolved the minor differences between us, which has led to scuffle between us, as we need to maintain good relationships with each other for dispensation of justice.
8. We submit that, we have entered into a settlement and have decided to end the litigations between us and accordingly we the Deponents No. 4 to this affidavit and other Petitioners in the connected petition have no objection for quashing the entire proceedings in CC No. 11226/2012 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 332, 504 R/W 34 of Indian Penal Code which is pending against the Deponent No.1 to 3.
9. We Deponents No. 1 to 3 submit that, having entered into a compromise with the Deponents No. 4 herein, we have no objection for quashing the entire proceedings in C.C.No. 5321/2012, pending on the file
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 of the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 323, 324, 341, 504, 506 R/w 34 of Indian Penal Code, against Deponent No. 4 and other Petitioners in the connected petition.
10. We the Deponent No.1 to 4 and other parties to this litigations, in view of our career and larger life objects have decided to end up the litigations between us and we submit that, this settlement is on our free will and wish and we have no coercion any one else or from each other to do same.
11. The parties herewith produce the copies of the Aadhar cards as document No.2 WHEREFORE, we respectfully pray before this Hon'ble Court that, this Hon'ble Court may kindly be pleased to allow the accompanying application and quash the entire proceedings in CC No. 11226/2012 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 332, 504 R/w 34 of Indian Penal Code pending against Deponents No. 1 to 3 and also quash the entire proceedings pending in CC No. 5321/2012, on the file of the VIII Additional Chief metropolitan Magistrate, Bengaluru for the offences punishable under Sections 323, 324, 341, 504, 506 R/w 34 of Indian Penal Code, against the Deponent No. 4 and others, in view of settlement between us, in the interest of justice and equity.
Whatever stated above is true and correct to the best of our knowledge and belief.
PLACE BENGALURU DATE: 28/11/200
4. In WP No.32034/2024, a joint affidavit has been filed which reads as under;
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 JOINT AFFIDAVIT We, 1) K.K. Arun, S/o Krishne Gowda, Aged about 40 years, Rajajinagar Traffic police Station Bangalore, R/o no.6, 6th block, Anand Rao circle police quarters, K.G post Bengaluru north, Bengaluru -560020 2). Lokesh, S/o Rajgopal, aged about 36years, R/o #172 allur road opposite government hospital makali Bangalore North -562162 Station, 3). G. Mahadeva, S/o Late Girimallaiach, aged 66 years, R/at no, 1370, 5 th Block, sir MV Lay out, ullal UPA. nagar Bengaluru, 560 110 and4) Balaksrishna, S/o. Baburao, aged about 40 years, R/at: No. 249, 7th A Cross, Shastrinagar, Bengaluru-560 028, do hereby state on solemn affirmation as follows,
1. We submit that, the first three deponents to this affidavit are the Petitioners in this case and the Deponent No.4 is the Respondent No. 2, and we know the facts and circumstances of this case and hence we are swearing to this affidavit.
2. We submit that, there has been a compromise entered into between us in the given facts and circumstances of this case, and knowing fully such facts and circumstances and the background of the compromise, we are jointly swearing to the contents of this joint affidavit.
3. We submit that, on the Information of the first deponent herein, FIR had come to be registered and charge sheet was filed against the Deponents No.4 and others, for the offences punishable under Sections 341, 323, 332, 504 R/w 34 of Indian Penal Code, presently pending in CC No. 11226/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru.
4. On the private complaint of the first deponent No.4 herein, a criminal case is registered against the Deponent No. 1 to 3 in CC No.5321/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under sections 323, 324, 504, 506-II R/W 34 of Indian Penal Code
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5. We submit that, these two cases arise out of the same incident and are filed against each other by Deponents No. 1 to 3 and Deponent No. 4.
6. We the Deponents respectfully submit that, the proceedings have been initiated by us against each other in the year 2012 and during this period several times we have discussed about settling the matter between us and reporting it to the Hon'ble Court, as we have realised that the litigation between us is a result of minor altercation between us.
7. We submit that, our individual careers are getting affected by above referred cases against each other and thence we want to bury the differences and move on, to enable each other to pursue our careers.
8. We submit that, this Hon'ble Court may also kindly appreciate the facts that the Deponents No. 1 to 3 are Police persons serving in Bengaluru and the Deponent No. 4 is a practicing advocate in Bengaluru, and quite often it so happens that we seen each other in the Court premises and there are occasions when we even have tο speak to each other for the purpose of cases, in discharge of our duties towards the dispensation of justice. It is for this reason also we the Deponents have resolved the minor differences bet which has led to scuffle between us, as we need to maintain good relationships with each other for dispensation of justice.
9. We submit that, we have entered into a settlement and have decided to end the litigations between us and accordingly I the Deponents No 4 to this affidavit and other petitioners in the connected petition have no objection for quashing the entire proceedings In CC No. 5321/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under sections 323, 324, 504, 506 II R/w 34 of Indian Penal Code, which is pending against the Deponent No. 1 to 3.
10. We Deponents No. 1 to 3 submit that, having entered into compromise with the Deponents No. 4 herein, we have no objection for quashing the entire proceedings in CC No. 11226/2012 pending on the file
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 of the VIII Additional Chief Metropolitan Magistrate Bengaluru, for the offences punishable under Sections 341, 325 332, 504 R/W 34 of Indian Penal Code pending against Deponent No. 4 and others Petitioners in the connected petition.
11. We the Deponent. No.1 to 4 and other parties to these litigations, in view of our career, and larger life objects have decided to end up the litigation between us and we submit that, this settlement is on will on own free will and wish and we have no coercion from anyone each other to do the same.
12. The parties herewith produce the copies of the Aadhar cards DOCUMENT NO.2.
WHEREFORE, we respectfully pray before this Hon'ble Court that, this Hon'ble Court may kindly be pleased to allow the accompanying application and quash the entire proceedings pending in CC No.5321/2012, on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 323, 324, 504, 505 II R/w 34 of Indian Penal Code, against the Deponent No.1-3, and quashing the entire proceedings in CC. No. 11226/2012 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 332, 504 R/w 34 of Indian Penal Code in view of settlement between us, in the interest of justice and equity.
Whatever stated above is true and correct to the best of our knowledge and belief.
PLACE BENGALURU DATE: 06-12-24
5. Learned counsel for the petitioner in the above matter submits that the name of the Petitioner No.3 has been wrongly typed in the charge sheet and as such the name has been showed as per the charge
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 sheet in the cause title of WP No.50781/2016. In this regard a memo dated 6.12.2024 has been filed, which reads as under;
MEMO The Petitioner No.3 most respectfully submits that, his name in the cause title is as shown in the chargesheet which is 'Layadu Pritham D'Souza'. However, the correct spelling of the Petitioner No.3 is 'Loyed Preetham D'Souza' which is as per the Aadhar of the Petitioner No.3, producing along with Section 320 of Cr.P.C application. The Petitioner No.3 files this memo seeking for correction of his name in cause title from Layadu Pritham D'Souza' to 'Loyed Preetham D'Souza', in the interest of justice.
6. A copy of the Aadhar card having been produced, the name has been verified, I am of the considered opinion that the orders passed in these proceedings would relate to Sri.Loyed Preetham D'Souza S/o Leo D'Souza.
7. The above proceeding arises out of a complaint and a counter complaint. The complainants in both the matters do not wish to prosecute their respective complaints. The complainants in both the matters, along with the respondents in both the matters have categorically stated that they have settled the
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 dispute among themselves and as such there would be no purpose in proceeding with the prosecution, in as much as the respective complainants would not be appearing to lead evidence and/or prosecute the matter.
8. The complainants in both the matters are before this Court in person and they are identified by their respective counsels. Taking into consideration the affidavits which have been filed in both the matters and also taking into consideration that when the complainant in each of the above complaint does not wish to prosecute the matter. Though one of the offenses in the subject matter of WP No.50781/2016 being under Section 332 of the IPC being non-
compoundable and all the other offenses being compoundable. There being no purpose served by continuing the prosecution only in respect of one offense. I am of the considered opinion, that the entire proceedings are required to be quashed. As such, I pass the following;
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NC: 2024:KHC:50592
WP No. 25808 of 2013
C/W WP No. 50781 of 2016
WP No. 32034 of 2024
ORDER
i. WP No.50781/2016 is allowed.
ii. The certiorari is issued. The FIR No.04/2012
dated 14/01/2012, complaint dated
14.01.2012, charge sheet in CC No.5321/2012, pending before the VIII, Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 323, 324, 341, 504, 506 r/w 34 of IPC being tried jointly along with CC.No.11226/2012 pending on the file of VIII Additional Chief Metropolitan Magistrate for the offences punishable under Section 341, 323, 332, 504 r/w 34 of IPC at Annexure-A, B and C are hereby quashed.
iii. WP No.32034/2024 is allowed.
iv. A certiorari is issued, the entire proceedings in C.C.No.5321/2012 pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru, against the Petitioner No. 1 to 3, for
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NC: 2024:KHC:50592 WP No. 25808 of 2013 C/W WP No. 50781 of 2016 WP No. 32034 of 2024 the offences punishable under sections 323, 324, 304, 506 r/w 34 of IPC is hereby quashed.
v. In WP No.25808/2013, the above proceeding arises out of CC No.11226/ 2012, the said proceedings have been quashed today in WP No.50781/2016 and as such the above petition does not survive for consideration. The above petition is dismissed as infructuous.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 14