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2025 DAILYLAW 18101 (KAR)

PAULLY NELSON v. STATE BY KARNATAKA

CRL.P/2805/2025 · 2025-04-02

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14012 CRL.P No. 2805 of 2025 C/W CRL.P No. 4050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2805 OF 2025 C/W CRIMINAL PETITION NO. 4050 OF 2025 IN CRL.P No. 2805/2025 BETWEEN: 1. PAULLY NELSON S/O NELSON JOSEPH, AGED ABOUT 26 YEARS, R/AT NO. 1A, HIS GRACE HOUSE, 1ST CROSS, DAMODAR MUDALIAR STREET, HALASURU, BENGALURU - 560 008. …PETITIONER (BY SRI. CHALAPATHI R., ADVOCATE) AND: 1. STATE BY KARNATAKA HALASURU POLICE STATION, BENGALURU, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560036. 2. JOLLY JOSEPH S/O G KUNJAPPAN, AGED ABOUT 59 YEARS, R/AT NO. 1A HIS GRACE HOUSE, 1ST CROSS, DAMODAR MUDALIAR STREET, HALASURU, BENGALURU - 560008. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. CHANDRASHEKAR C, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14012 CRL.P No. 2805 of 2025 C/W CRL.P No. 4050 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING QUASH THE FIR IN CR.NO.70/2024 AND CHARGE SHEET IN CC.72254/2024 FILED BY THE RESPONDENT NO.1 POLICE, PENDING ON THE FILE OF THE 10TH ADDL. CHIEF JUDICIAL MAGISTRATE, MAYO HALL, AT BENGALURU, AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES PUNISHABLE U/S. 323, 324, 341, 504 OF IPC 1860. IN CRL.P NO. 4050/2025 BETWEEN: 1. JOLLY JOSEPH S/O G.KUNJAPPAN AGED ABOUT 59 YEARS 2. ROHAN JOSEPH S/O JOLLY JOSEPH AGED ABOUT 22 YEARS BOTH ARE R/AT NO.1A, HIS GRACE HOUSE, 1ST CROSS, DAMODAR MUDALIAR STREET, HALASURU, BENGALURU-560008 ...PETITIONERS (BY SRI. CHANDRASHEKAR C., ADVOCATE) AND: 1. 2. STATE BY KARNATAKA HALASURU POLICE STATION BENGALURU, REPTD BY STATE PUBLIC PROSECUTOR/ HIGH COURT OF KARNATAKA, BANGALORE-560036 PAULLY NELSON S/O NELSON JOSEPH AGED ABOUT 26 YEARS R/AT NO.1A, HIS GRACE HOUSE 1ST CROSS, DAMODAR MUDALIAR STREET - 3 - NC: 2025:KHC:14012 CRL.P No. 2805 of 2025 C/W CRL.P No. 4050 of 2025 HALASURU, BENGALURU-560 008. ...RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. CHALAPATHI R, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.69/2024 AND CHARGE SHEET IN CC. 72253/2024 FILED BY THE RESPONDENT NO.1 POLICE, PENDING ON THE FILE OF THE 10TH ADDL.CHIEF METROPOLITAN MAGISTRATE, MAYO HALL AT BENGALURU AGAINST THE PETITIONERS/ACCUSED FOR THE O/P/U/S 326, 341, 504 AND 34 OF IPC 1860. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER ORAL ORDER ORAL ORDER ORAL ORDER Since these petitions arise out of a case and counter- case, they have been taken up together and disposed of by this common order. Crl.P No.2805/2025: 2. The petitioners, who are facing trial for offences punishable under Sections 323, 324, 341, and 504 of the IPC, have approached this Court seeking relief. Crl.P No.4050/2025: 3. The petitioners, who are facing charges for offences punishable under Sections 326, 341, 504, and 34 of the IPC, are before this Court. - 4 - NC: 2025:KHC:14012 CRL.P No. 2805 of 2025 C/W CRL.P No. 4050 of 2025 4. The parties are present before this Court and have filed applications stating that they have amicably settled the dispute among themselves. As per the settlement, they have agreed to withdraw all allegations made against each other and have no objection to the quashing of the impugned proceedings in both petitions to prevent further hostility and to maintain cordial relationship. The said applications are placed on record. 5. The parties are brothers and their children. The dispute pertains to the sharing of water, which is purely civil in nature. 6. Although the alleged offences are cognizable and non-compoundable, considering that the parties have amicably resolved their dispute, subjecting the petitioners to trial would serve no meaningful purpose. The probability of conviction is remote and bleak, given the settlement reached between the parties. Therefore, the continuation of criminal proceedings against the petitioners in both petitions would amount to an abuse of the process of law. 7. Accordingly, the petitions are allowed. Crl.P No. 2805 of 2025: 8. The impugned proceedings in CC No.72254/2024 pending on the file of the learned 10th - 5 - NC: 2025:KHC:14012 CRL.P No. 2805 of 2025 C/W CRL.P No. 4050 of 2025 Addl. Chief Judicial Magistrate, Mayo Hall at Bengaluru is hereby quashed. CRL.P No. 4050 of 2025: 9. The impugned proceedings in CC No.72253/2024 pending on the file of the learned 10th Additional Chief Metropolitan Magistrate, Mayo Hall at Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 4 Sl No.: 18