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2025 DAILYLAW 17396 (KAR)

SMT H K SHARADAMMA v. SMT LAKSHMAMMA

CRL.P/5828/2018 · 2025-01-13

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1290 CRL.P No. 5828 of 2018 C/W CRL.P No. 5068 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5828 OF 2018 C/W CRIMINAL PETITION NO. 5068 OF 2018 IN CRL.P NO. 5828/2018 BETWEEN: 1. SMT. H.K. SHARADAMMA W/O LATE SUNDAR RAMA REDDY AGED ABOUT 69 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) R/AT NO.331, YEMLURU VILLAGE VARTHUR HOBLI, BANGALORE - 560 037 2. SMT. GOWRAMMA W/O LOKESH REDDY D/O LATE A. SUNDAR RAMA REDDY AGED ABOUT 53 YEARS R/AT NO.424, DODDA BANASAVADI BANGALORE - 560 043 3. SMT. GAJALAKSHMI W/O PRABHAKAR REDDY AGED 47 YEARS R/AT 331 (OLD NO.4) YEMLURU VILLAGE VARATHUR HOBLI BANGALORE - 68, NOW, R/AT NO.14-2ND, 106 B D. KRISHNA REDDY LAYOUT NEAR BHANU NURSING HOME VISVESHWARAIAH ROAD BOMMANAHALLI, BANGALORE - 68 …PETITIONERS (BY SRI. CHANDRASHEKAR P., ADVOCATE) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:1290 CRL.P No. 5828 of 2018 C/W CRL.P No. 5068 of 2018 IN CRL.P NO. 5068/2018 BETWEEN: 1. KRISHNA REDDY S/O LATE ABAIAH REDDY AGED ABOUT 76 YEARS 2. K. DAYANAND REDDY S/O KRISHNA REDDY AGED ABOUT 37 YEARS BOTH ARE R/AT NO.331 YEMALUR VILLAGE VARTHUR HOBLI BENGALURU - 560 037 ...PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE FOR P2, V/O/DATED 15/3/24 PEITTION AGAINST P1 ABATED AND: SMT. LAKSHMAMMA W/O K.C. ERAPPA REDDY AGED ABOUT 65 YEARS R/AT NO.236, KACHARKANAHALLI HENNUR MAIN ROAD THOMAS TOWN, BENGALURU - 84 …COMMON RESPONDENT (BY SRI. KALYAN .R., ADVOCATE) CRL.P.NO. 5828 OF 2018 IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PRIVATE COMPLAINT FILED BY THE COMPLAINANT, QUASH THE ORDER OF COGNIZANCE DATED 21.12.2015, PASSED IN C.C.NO.50009/2016 ON THE FILE OF THE X ACMM AT BANGALORE, WHEREIN THE LEARNED MAGISTRATE HAS TAKEN COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 120B READ WITH SECTION 34 OF IPC AS AGAINST THESE PETITIONERS; QUASH ALL FURTHER PROCEEDINGS IN CC NO.50009/2016 ON THE FILE OF THE X ACMM, AT BANGALORE REGISTERED FOR THE OFFENCES P/U/S 420, 120B R/W 34 OF IPC AS AGAISNT THESE PETITIONERS. - 3 - NC: 2025:KHC:1290 CRL.P No. 5828 of 2018 C/W CRL.P No. 5068 of 2018 CRIMINAL PETITION NO.5068 OF 2018 IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE COGNIZANCE ORDER DATED 21.12.2015 PASSED IN C.C.NO.50009/2016 ON THE FILE OF THE X A.C.M.M., BANGALORE, WHEREIN THE LEARNED MAGISTRATE HAVE TAKEN COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 120B READ WITH SECTION 34 OF IPC; QUASH ALL FURTHER PROCEEDINGS IN CC NO,50009/2016 ON THE FILE OF THE X ACMM, BANGALORE REGISTERED FOR AN OFFENCE P/U/S 420, 120B R/W 34 OF IPC AS AGAINST THE PETITIONERS. THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA COMMON ORAL ORDER Learned counsel for the respondent has filed a memo with the signature of the respondent, which reads as under: "The respondent most humbly submits as here under: In view of the compromise entered in connected petition i.e Crl.P.No.6662/2018, the respondent would withdraw all her allegation against the instant petitioners as well. Therefore, she would not like to prosecute the complaint even as against the petitioners in the above said cases and hence may be allowed in terms of recorded in Crl.P.No.6662/2018 in the interest of justice and equity." 2. Respondent who is physically present before the Court is identified by her counsel. She submits that she has no - 4 - NC: 2025:KHC:1290 CRL.P No. 5828 of 2018 C/W CRL.P No. 5068 of 2018 objection to quash the criminal proceedings in view of the joint affidavit filed in Criminal Petition No.6662 of 2018. 3. The memo is taken on record. 4. Hence, the following: ORDER (i) Criminal Petitions are allowed. (ii) The criminal proceedings initiated against the petitioners pending in CC No.50009 of 2016 on the file of the learned X Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 420, 120B read with Section 34 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 25