Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22309 (KAR)

ANKIT KUMAR DIXIT v. STATE BY BAYAPANAHALLI POLICE STATION

CRL.P/3738/2024 · 2025-03-19

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3738 OF 2024 BETWEEN: ANKIT KUMAR DIXIT S/O RAMESH KUMAR DIXIT AGED ABOUT 28 YEARS #201, #42, CHOWDESHWARI NILAYA 14TH CROSS ROAD, H S R LAYOUT SECTOR -7, BANGALORE, PERMANENT RESIDENT OF QUARTER NO.HMD 68 C NEAR CENTRAL MARKET, BOKARAO DHARMAL, BOKARO DISTRICT JHARKHAND, PIN CODE - 827 016. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: 1. STATE BY BAYAPANAHALLI POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PIN CODE - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI ABISHEK N.N, ADV., FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER AND REGISTRATION OF CASE IN FIR NO.243/2023 REGISTERED BY BAYAPANAHALLI POLICE Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 STATION IN X ACMM AT BENGALURU WHICH IS PENDING AS C.C.NO.53597/2024 FOR THE OFFENCE P/US/ 376 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 482 of Cr.PC is filed by the accused in S.C.No.683/2024 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.243/2023 registered by Byappanahalli Police Station, Bengaluru City, for the offences punishable under Section 376 of IPC, with a prayer to quash the entire proceedings in the said case. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner and the learned Counsel for respondent no.2 jointly submit that the dispute between the parties has been amicably settled at the intervention of elders and well-wishers of both the parties. They have now voluntarily come forward to report settlement and they intend to give a quietus to the inter se dispute and live - 3 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 peacefully in future. They submit that the parties have filed application under Section 320 read with 482 of Cr.PC with a prayer to permit the parties to compound the charge-sheeted offences. 4. Learned HCGP, however, brings to the notice of this Court that the charge-sheeted offences are non-compoundable offences. 5. Petitioner and respondent no.2 who are present before the Court in person are identified by their learned Advocates. A joint submission is made by the learned Counsel for the petitioner and the learned Counsel for respondent no.2 that the dispute has been settled and the parties intend to give a quietus to their inter se dispute. 6. The application filed by the parties under Section 320 read with 482 of Cr.PC is supported by the joint affidavit of the petitioner and respondent no.2. In paragraph nos.3 to 7 of the said joint affidavit, the parties have stated as under: "3. I, Deponent No.1 the Petitioners in the above matter and I, Deponent No.2 is the Respondent No.2 in the above matter. Hence, we are competent to swear to this Joint Affidavit. - 4 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 4. The averments made in the accompanying application for settlement and to quash the proceedings are true and correct to the best of knowledge, information and belief. 5. We submit that we have come forward to settle the criminal proceedings initiated by the deponent No.2, since the deponent No.2 has carefully considered the circumstances surrounding the case and after consultation with her respective family members, the deponent No.2 has voluntarly decided keeping in mind the future prospects of our respective families in the ab the Respondent No.2 is desirous of settling the matter also considering that the dispute in Crime No.243/2023 for offences punishable under section 376 of IPC pending before the Addl City Civil and Sessions Judge at Bangalore(CCH-54) as ScNo.683/2024 Bengaluru to be withdrawn. 6. 6. I, the Deponent No.1 hereby agrees that I shall not make any form of communication to the Respondent No.2 the deponent No.2 directly or indirectly though any means or over any social media platforms in future, I further undertakes not to discuss with anyone known or unknown persons surrounding me and the Respondent No.2 regarding any facts and circumstances in connection to the instant case. 7. We submit that we have no claims or any legal actions against each other subsequent to the execution of this joint affidavit connection to the case." - 5 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 7. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER VS STATE OF MADHYA PRADESH - AIR 2022 (14) SCC 531, has observed that notwithstanding the limitation provided under Section 320 of Cr.P.C., this Court in exercise of inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings registered for non-compoundable offences depending upon the nature of offences, relationship between the parties and nature of settlement arrived between them. 8. The allegations made in the present case against the petitioner is private in nature and the parties have now settled the dispute without any undue influence and coercion and they intend to give a quietus to the dispute and live peacefully. Under the circumstances, I am of the opinion that this is a fit case wherein this Court is required to exercise its inherent powers under Section 482 of Cr.P.C. in order to do complete justice to the parties. Accordingly, the following order: 9. Petition is allowed. The entire proceedings S.C.No.683/2024 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.243/2023 registered by Byappanahalli Police Station, - 6 - NC: 2025:KHC:11491 CRL.P No. 3738 of 2024 Bengaluru City, for the offences punishable under Section 376 of IPC, is hereby quashed. SD/- (S VISHWAJITH SHETTY) JUDGE KK