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2025 DAILYLAW 19477 (KAR)

V HARISH KUMAR v. STATE OF KARNATAKA

CRL.P/3256/2025 · 2025-03-12

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:10514 CRL.P No. 3256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3256 OF 2025 BETWEEN: 1. V HARISH KUMAR S/O LATE A VENKATAPPA, AGED ABOUT 59 YEARS, RESIDING AT NO.182/55, 6TH CROSS, HMT LAYOUT, MATHIKERE, BANGALORE - 560 054. 2. BHARATHI W/O V HARISH KUMAR, AGED ABOUT 54 YEARS, RESIDING AT NO.182/55, 6TH CROSS, HMT LAYOUT, MATHIKERE, BANGALORE - 560 054. 3. V SHASHI KIRAN S/O VISHWANATH N, AGED ABOUT 44 YEARS, NOW R/AT NO.304, VISTARA SUNNINGDALE, 193, DUO HEIGHTS LAYOUT, BTM 4TH STAGE, BEGURU, BANGALORE - 560 068. 4. MEGHA H W/O DAYAL BAPU, AGED ABOUT 35 YEARS, NO. 22, 2ND MAIN, THALAKAVERI STREET, NAGARABHAVI ROAD, MARUTHI NAGAR, BANGALORE - 560 072. 5. DAYAL BAPU B N S/O LATE NANJUNDAPPA, AGED ABOUT 44 YEARS, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10514 CRL.P No. 3256 of 2025 NO.22, 2ND MAIN, THALAKAVERI STREET, NAGARABHAVI ROAD, MARUTHI NAGAR, BANGALORE - 560 072. …PETITIONERS (BY SRI. MUNISWAMY GOWDA S.G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YESHWANTAPURA POLICE STATION. 2. SMT. YESHODAMMA W/O LATE SRI A/ VENKATAPPA, AGED ABOLUT 90 YEARS, NOW RESIDING AT NO.182/55, 6TH CROSS, HMT LAYOUT, MATHIKERE, BANGALORE - 560 054. …RESPONDENTS (BY SRI. MAHADEVA SWAMY M., ADVOCATE FOR R-2; SRI. M.R. PATIL, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS 1 TO 5 HEREIN WHO ARE ACCUSED 1 TO ACCUSED 5 IN CC.NO.22509/2016 VIDE ANNEXURE-A PENDING BEFORE THE COURT OF VIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE BENGALURU CITY AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, accused Nos.1 to 5, who have been charge sheeted for the offences punishable under Sections 427, - 3 - NC: 2025:KHC:10514 CRL.P No. 3256 of 2025 341, 324, 504, 506 r/w 149 of IPC are before this Court seeking relief. 2. The prosecution alleges that accused No.1 is the son, accused No.2 is the daughter-in-law, accused No.3 is the grandson and accused No.4 is the granddaughter, and accused No.5 is the husband of accused No.4, and they wrongfully restrained the defacto-complainant from proceeding further, abused her in filthy language, threatened her with dire consequences, assaulted her and also committed theft of the jewelries. 3. The parties are present through video conferencing and respondent No.2-complainant has filed an affidavit stating that she has amicably settled the dispute with the petitioners- accused, and in terms of the settlement, she has agreed to withdraw all the allegations against the petitioners-accused, and has no objection for quashing of the impugned proceedings. 4. The said affidavit is placed on record. 5. Although the offences alleged are cognizable and non-compoundable, however having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioners/accused are subjected to trial, since the probability of conviction of the petitioners/accused is remote and bleak in view of the settlement. In such circumstance, the continuation of the criminal proceedings would be an abuse of the process of law. - 4 - NC: 2025:KHC:10514 CRL.P No. 3256 of 2025 6. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed ii) The Impugned proceedings in C.C.No.22509/2016 on the file of the VIII Additional Chief Judicial Magistrate, Bengaluru, insofar it relates to accused Nos.1 to 5 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 121