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2025 DAILYLAW 19944 (KAR)

SRI. E. SUDHAKAR REDDY, v. STATE OF KARNATAKA

CRL.P/3742/2025 · 2025-06-19

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 3742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3742 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. E. SUDHAKAR REDDY, S/O E GANGADHAR REDDY AGED 48 YEARS R/A NO.F-03, ‘A’ BLOCK SLS SILVER OAK APARTMENT, VIRUPAKSHAPURA VIDHAYANARAYANAPURA POST BENGALURU – 97. 2. SRI CHANDRASHEKAR G P S/O PARAMESHWAR AGED ABOUT 39 YEARS R/A NO.45, VIMLA NIVASA 2ND MAIN ROAD, AMBHABHAVANI LAYOUT DODDABETTHALLI VIDYARANYAPURA BENGALURU – 560 097. …PETITIONERS (BY SRI. SANTOSH B Y, ADVOCATE) AND: 1. STATE OF KARNATAKA KODIGEHALLI POLICE STATION REPT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SRI SUBRAMANYAPURA RAJU S/O KVC RAJU AGED 65 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 3742 of 2025 R/A NO.2624, 7TH CROSS, 14TH MAIN, ‘E’ BLOCK, SAKARANAGAR BANGALORE – 560 092. …RESPONDENTS (BY SRI. SOWMYA.R, HCGP FOR R-1 SRI. RAGHAVENDRA.A.S., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.10.2021 PASSED BY THE HONBLE IV ADDL. CHIEF JUDICIAL MAGISTRATE BENGALURU TAKING COGNIZANCE OF THE OFFENCE AS AGAINST THE PETITIONER IN C.C.NO.29769/2021 ARISING OUT OF CRIME NO.51/2021 FOR THE OFFENCE P/US/ 403,406,420,506,504,34 OF IPC AS PER THE ANNEXURE D. 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, petitioners have sought for the following reliefs:- (a) Set aside the order dated 22.10.2021 passed by the Hon’ble IV Addl. Chief Judicial Magistrate, Bengaluru, taking cognizance of the offences as against the petitioners in C.C.No.29769/2021 arising out of Crime No.51/2021 for the offence punishable under section 403, 406, 420, 506, 504 and 34 of IPC as per the Annexure-D. b) Quash the entire proceedings in CC No.29769/2021 arising out of Crime No.51/2021 for the offence punishable under section 403, 406, 420, 506, 504 and 34 of IPC as against the petitioner, pending before the - 3 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 3742 of 2025 Hon’ble IV Addl. Chief Judicial Magistrate, Bengaluru as per Annexure-E. c) Pass such other orders or directions as this Hon’ble court deem it fit and proper in the fact and circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the 2nd respondent has filed an application accompanied by the Affidavit of the 2nd respondent – complainant dated 19.06.2025 duly signed by the 2nd respondent and his counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application accompanied by an Affidavit of the 2nd respondent - complainant, which reads as under:- “APPLICATION UNDER SECTION 320, R/W 482 OF C.R.P.C. For the reasons stated in the accompanying Affidavit, the 2nd respondent most respectfully prays that this Hon'ble court be pleased to grant leave to compound the offences punishable for the offences punishable under section 403, 406, 420, 506, 504 and 34 of IPC as against the petitioner, in CC No. 29769/2021 pending before the Hon'ble IV Addl. - 4 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 3742 of 2025 Chief Judicial Magistrate, Bengaluru, in the ends of justice and equity. “AFFIDAVIT I, Sri. Subramanya Raju, S/o KVC Raju, Aged 65 years, R/a No. 2624, 7th Cross, 14 Main E block Sakaranagar, Bangalore-560092, today at Bengaluru City, do hereby solemnly affirms on oath and states as follows, a) I state on oath I am the second respondent in the petition and well conversant with the facts of the case. b) I state on oath that with the intervention of well- wishers and common friends of both parties and due to passage of time, the accused persons and myself the de-facto complainant/ 2nd respondent in the above crime have arrived for a compromise and have settled the issues interse out of court. c) I state on oath that since myself and the accused have already compromised the matter, continuation of the proceedings would amount to an abuse of process of court, as such I am seeking leave of this Hon'ble Court to grant leave to compound the offences punishable under section 403, 406, 420, 506, 504 and 34 of IPC. d) I state on oath that the compromise is arrive out of our own will and volition and there is no force or undue influence whatsoever from anyone. - 5 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 3742 of 2025 Wherefore, the 2nd respondent most respectfully prays that this Honourable court be pleased to grant leave to compound the offences punishable under section 403, 406, 420, 506, 504 and 34 of IPC, in CC No. 29769/2021 pending before the Hon'ble IV Addi Chief Judicial Magistrate, Bengaluru, in the ends of justice and equity. I, Sri. Subramanya Raju, do hereby verifies that whatever stated herein above are true to the best of my knowledge, information and believe them to be correct also.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application accompanied by an Affidavit of the 2nd respondent - complainant dated 19.06.2025. (ii) The proceedings in C.C.No.29769/2021 arising out of FIR in Crime No.51/2021 registered by the 1st respondent – Police for the offences punishable under Sections 403, 406, 420, 506, 504 r/w 34 of IPC, pending on the file of IV ACJM, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.