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2025 DAILYLAW 16616 (KAR)

SRI ARUN KUMAR V v. THE STATE OF KARNATAKA

CRL.P/6321/2020 · 2025-04-08

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6321 OF 2020 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 1252 OF 2025 IN CRL.P No. 6321/2020 BETWEEN: SRI. ARUN KUMAR V. S/O SRI. K.P.VAITHIANATHAN, AGED ABOUT 32 YEARS, R/AT FLAT NO.302, SRI. SAIJYOTHI GREENS, 1ST MAIN ROAD, NAGAPPA REDDY LAYOUT, KAGGADASAPURA, BENGALURU-560 093. …PETITIONER (BY SRI. ASHITH RAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BYAPPANAHALLI POLICE STATION, SRIRANGAPATNA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. RAJESHWARI D. AGED ABOUT 55 YEARS, R/AT FLAT NO.401, 4TH FLOOR, SRI. SAI JYOTHI GREENS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 1ST MAIN ROAD, NAGAPPA REDDY LAYOUT, KAGGADASAPURA, BENGALURU-560 093. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R-1; SRI. H. SURESH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.57873/2019 ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT MAYOHALL, BENGALURU CITY VIDE ANNEXURE-D. IN CRL.P NO. 1252/2025 BETWEEN: 1. SRI. KOUSHIK M. S/O RAJESWARI D., AGED ABOUT 26 YEARS, RESIDING AT NO.401, 4TH FLOOR, SRI SAI JYOTHI GREENS APARTMENT, 1ST MAIN ROAD, NAGAPPA REDDY LAYOUT, KAGGADASANAPURA, BENGALURU NORTH, BENGALURU-560 093. 2. SMT. RAJESHWARI D. AGED ABOUT 60 YEARS, RESIDING AT NO.401, 4TH FLOOR, SRI SAI JYOTHI GREENS APARTMENT, 1ST MAIN ROAD, NAGAPPA REDDY LAYOUT, KAGGADASANAPURA, BENGALURU NORTH, BENGALURU-560 093. ...PETITIONERS - 3 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 (BY SRI. H. SURESH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYAPPANAHALLI POLICE STATION, BENGALURU. REPRESENTED BY SPP, HIGH COURT, BENGALURU-01. 2. SMT. SHERON MATHEWS, W/O ARUN KUMAR V., AGED ABOUT 32 YEARS, R/AT FLAT NO.302, SRI SAI JYOTHI GREENS APARTMENT, 1ST MAIN ROAD, NAGAPPA REDDY LAYOUT, KAGGADASANAPURA, BENGALURU NORTH, BENGALURU-560 093. ...RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R-1; SRI. ASHITH RAJ, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.57874/2019 PENDING ON THE FILE OF THE X ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYOHALL UNIT, BENGALURU VIDE ANNEXURE-A ARISING OUT OF FIR BEARING NO.83/2018 DATED 17.05.2018. - 4 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of case and counter case registered at Byappanahalli Police Station in Crime Nos.82/2018 and 83/2018. 2. Incident relates to a petty quarrel which took place on 15.05.2018 at 10.00-10.30 p.m. Complaints came to be lodged on 17.05.2018 against each other. 3. In Crime No.82/2018, the complainant is Smt.Rajeshwari D. The said case is registered against one Arun, for offences punishable under Section 341, 504, 323, 354 of IPC. 4. In Crime No.83/2018, the complainant is Smt.Sheron Mathews wife of Arun. The said case is registered against Smt.Rajeshwari and her son Koushik for - 5 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 offences punishable under Section 448, 323, 354,504 r/w 34 of IPC. 5. In both the cases, the police have filed charge sheet and the case is pending before X Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru. Joint memo in both the cases are filed by the respective parties i.e., petitioners as well defacto complainant. It is stated that they have amicably resolved the differences and not pressing the complaints filed against each other. 6. The respective parties are present before the Court. They submitted that they have settled the dispute and do not press the charges against each other. 7. The parties are neighbours and they have amicably settled the disputes between themselves and buried the hatchet. The offences involved are not against the Society. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have - 6 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure ends of justice; or (ii) to prevent abuse of the process of any Court. Further, the criminal cases having overwhelmingly and predominantly civil character, where dispute is purely private in nature, it becomes the duty of the Court to encourage genuine settlements. 8. Since both the parties have resolved their dispute amicably between themselves, no purpose will be served in keeping the proceedings pending before the trial Court. Hence in the interest of justice, it is just and necessary to allow the petitions and quash the proceedings pending against the petitioners. Accordingly, the following: ORDER Both the petitions are allowed. - 7 - NC: 2025:KHC:14990 CRL.P No. 6321 of 2020 C/W CRL.P No. 1252 of 2025 The entire proceedings in C.C.No.57874/2019 (Crime No.83/2018) and C.C.No.57873/2019 (Crime No.82/2018) pending on the file of the Court of X Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 34 Ct:ar