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2025 DAILYLAW 18814 (KAR)

SRI. MR. UTPAL HAZARIKA v. STATE BY KARNATAKA

CRL.P/2783/2025 · 2025-02-28

S R Krishna Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8754 CRL.P No. 2783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2783 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. MR. UTPAL HAZARIKA AGE ABOUT 31 YEARS, C/O. RUHIT HAZARIKA, R/O BOKUL MAJ GAON, DIBRUGARH, ASSAM-786010 …PETITIONER (BY SRI. S.M.ADAVANI, ADVOCATE) AND: 1. STATE BY KARNATAKA JAYANAGAR POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560001. 2. SMT. DEEPA K D/O. LATE R KUMAR, AGED ABOUT 29 YEARS, R/ AT NO. 302, 6TH CROSS NEAR HMS SCHOLL GANDIPUR BENGALURU CITY BANGALORE 560066 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; SMT. GULAFSHA, ADVOCATE FOR R2) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8754 CRL.P No. 2783 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENTS IN S.C.NO.1888/2022 ARISING OUT OF CR.NO.214/2022 OF JAYANAGAR POLICE STATION, PENDING ON THE FILE OF THE CCH-54 LIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-54) BANGALORE FOR THE OFFENCE P/U/S 376, 420, 323 AND 417 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Quash the entire proceedings initiated by the Respondents in SC.No.1888/2022, arising out of Crime No.214/2022 of Jayanagar Police Station pending on the file of the CCH-54 LIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-54) Bangalore for the offences punishable under Sections - 376, 420, 323 and 417 of IPC..” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused and 2nd respondent are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- - 3 - NC: 2025:KHC:8754 CRL.P No. 2783 of 2025 “1. It is submitted that the petitioner and respondent no.2 are filling this joint memo of compromise before this Hon'ble court. 2. It is submitted that due to the intervention of the elders and the family members of the petitioner and respondent no.2, both the parties have decided to enter a compromise and the both parties have no objection for quashing of the criminal case in SC.No.1888/2022 pending on the file of CCH-54 LIII ADDL. CITY CIVIL AND SESSIOS JUDGE (CCH-54) Bangalore (Cr.No.214/2022) for the offence punishable under section 376,420,323 and 417 of IPC by way of mutual understandings which are stated in this Compromise petition before this Hon'Ble court. 3. It submitted that both parties have agreed to compromise this case and respondent no.2 has no objection for the same. 4. It is submitted that the respondent no.2 has agreed without force or coercion that they have no objection on quashing of the FIR and Charge sheet in SC.No.1888/2022 pending on the file of CCH-54 LIII ADDL. CITY CIVIL AND SESSIOS JUDGE (CCH-54) Bangalore (Cr.No.214/2022) for the offence punishable under section 376,420,323 and 417 of IPC by way of mutual understandings which are stated in this Compromise petition before this Hon'ble court in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 4 - NC: 2025:KHC:8754 CRL.P No. 2783 of 2025 ORDER (i) The petition is disposed of in terms of the Joint Memo dated 28.02.2025. (ii) The proceedings in S.C.No.1888/2022 (arising out of Crime No.214/2022 of 1st respondent – Police) registered for the offences punishable under Sections 376, 420, 323 and 417 of IPC pending on the file of LIII Additional City Civil and Sessions Judge, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB