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High Court of Karnataka · body

2025 DAILYLAW 23953 (KAR)

SUBRAMANYA RAJU v. STATE OF KARNATAKA BY

CRL.P/5679/2025 · 2025-06-19

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 5679 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. 5679 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SUBRAMANYA RAJU S/O LATE K V C RAJU, AGED ABOUT 67 YEARS, R/AT FLAT NO.34, KRISHNA GARDENIA, NO.559, 5TH MAIN, DOLLARS COLONY, BENGALURU NORTH, BENGALURU, - 560 094. 2. SUPRITH SHETTY, S/O SEETHA RAM, AGED ABOUT 51 YEARS, R/AT NO.46 AND 47, GF-003, PRASIDHI ENCLAVE, 12TH ‘A’ CROSS, GANGAMMA GARDEN, MALAGALA, BENGALURU NORTH, BENGALURU - 560 091. 3. BHARATH SHETTY, S/O KARUNAKAR SHETTY, AGED ABOUT 36 YEARS, NO.88, 4TH CROSS, VAIBHAVA NILAYA, 4TH PHASE, YELAHANKA NEW TOWN, BENGALURU-560 064. …PETITIONERS (BY SRI. RAGHAVENDRA.A.S, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 5679 of 2025 AND: 1. STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. E SUDHAKAR REDDY, S/O E GANGADHAR REDDY AGED ABOUT 51 YEARS, RESIDING AT NO.F-03, A BLOCK, SLS SILVER OAK APARTMENT, VIRUPAKSHAPURA, VIDYARANYAPURA POST, BENGALURU – 560 097. …RESPONDENTS (BY SMT. SOWMY.R, HCGP FOR R-1 SRI. SANTHOSH RAJ URS, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.28673/2021 REGISTERED ON FIR NO.46/2021 DATED 26.03.2021, REGISTERED BY THE RESPONDENT KODIGEHALLI POLICE PENDING ON THE FILE OF 7TH ADDL. CHIEF METROPOLITON MAGISTRATE COURT AT BENGALURU FOR THE OFFENCES PUNISHABLE U/SEC.384, 504, 506(B), R/W 34 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, petitioners have sought for the following reliefs:- a) Quash the entire proceedings in C.C.No.28673/2021 registered on FIR No.46/2021 dated 26.03.2021, registered by the 1st respondent Kodigehalli - 3 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 5679 of 2025 Police pending on the file of 7th Addl. Chief Metropolitan Magistrate court at Bengaluru for the offence punishable u/sec. 384, 504, 506(B), R/w 34 of IPC. b) Pass any such order as this Hon’ble deems it necessary in the interest of justice.” 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 to 3 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 CR.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 offence punishable under section 384, 504, 506(b), R/w 34 of IPC as against the petitioner, in C.C.No.28673/2021 pending before the Hon’ble VII Addl. Chief Judicial Magistrate, Bengaluru in the ends of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 5679 of 2025 “AFFIDAVIT I, Sri. E. Sudhakar Reddy., S/o E. Gangadhar Reddy, Aged 48 years, R/a No. F-03, 'A' Block, SLS Silver Oak Apartment, Virupakshapura, Vidhyanarayanapura Post, Bengaluru-97, 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 384, 504, 506(B), R/W 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. Wherefore, the 2nd respondent most respectfully prays that this Honourable court be pleased to grant leave to compound the offences punishable under section 384, 504, - 5 - HC-KAR NC: 2025:KHC:21512 CRL.P No. 5679 of 2025 506(B), R/W 34 OF IPC as against the petitioner, in C.C.NO.28673/2021 pending before the Hon'ble VII Addl Chief Judicial Magistrate, Bengaluru, in the ends of justice and equity. I, Sri. E. Sudhakar Reddy, 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.28673/2021 arising out of FIR in Crime No.46/2021 registered by the 1st respondent – Police for the offences punishable under Sections 384, 504, 506(B) r/w 34 of IPC, pending on the file of VII ACJM, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.