Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4112 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 8932 OF 2024 (482(Cr.PC) / 528(BNSS)
IN CRL.P No. 4112/2024 BETWEEN:
1. SRI TARANATH RAI S/O JATHAPPA RAI, AGED ABOUT 42 YEARS, R/O FLAT NO.102,1ST FLOOR, TREVENI HOMES, 19TH CROSS, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098. 2. SRI. GIRISH MALAVALLI S/O LATE MALLIKARJUNA SWAMY M K, AGED ABOUT 37 YEARS, R/O FLAT NO.101,1ST FLOOR, TREVENI HOMES, 19TH CROSS, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098. 3. SRI.M.V. NARASIMHAMURTHY S/O M K VENKATEGOWDA, AGED ABOUT 57 YEARS, R/AT NO.153, 1ST MAIN ROAD, JAYALAKSHMIPURAM, MYSORE-570012
4. SMT. JAYASHREE W/O THARANATH, AGED ABOUT 33 YEARS, R/O FLAT NO.102, 1ST FLOOR, TREVENI HOMES, 19TH CROSS, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
5. SMT. BHAGYA W/O MALLIKARJUNA SWAMY, AGED ABOUT 55 YEARS, R/O FLAT NO.101,1ST FLOOR, TREVENI HOMES, 19TH CROSS, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098. 6. SMT. ROOPA W/O GIRISH MALAVALLI, AGED ABOUT 34 YEARS, R/O FLAT NO.101, 1ST FLOOR, TREVENI HOMES, 19TH CROSS, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098. 7. SMT. TRIVENI W/O NARASIMHAMURTHY, AGED ABOUT 44 YEARS, R/O NO.153, 1ST MAIN ROAD, JAYALAKSHMIPURAM, MYSORE-570012 …PETITIONERS (BY SMT. DEEPA J., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001
2. SHWETHA S P W/O SHIVAKUMAR M N, AGED ABOUT 38 YEARS, R/AT NO.894, G TRIVENI HOMES, 19TH MAIN, 19TH CROSS, IDEAL HOMES TOWNSHIP, RAJARAJESHWARI NAGAR, BANGALORE-560098. …RESPONDENTS (BY SMT. RASHMI JADHAV., ADDL. SPP FOR R1;
SRI. MOHAN KUMARA D., ADVOCATE FOR R2)
- 3 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
THIS CRIMINAL PETITION FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE FIR AND PROCEEDINGS THEREON IN CR.NO.111/2023 OF RAJARAJESHWARI NAGAR POLICE STATION FOR OFFENCE P/US/ 354,323,504,506 R/W SEC.34 OF IPC WHICH IS NOW PENDING BEFORE 46tH ACMM BEARING C.C.NO.27317/2023 AND ETC. IN CRL.P NO. 8932/2024 BETWEEN:
1. SHWETHA S P W/O. SHIVAKUMAR AGED ABOUT 39 YEARS, OCC EMPLOYEE R/AT. NO.
894, TRIVENI HOMES, 19TH MAIN, 19TH CROSS, IDEAL HOMES, R.R. NAGAR, BENGALURU-560098
2. PRAKASH S/O. TIMMAIAH @ BYREGOWDA AGED ABOUT 73 YEARS, OCC. FARMER R/AT. SANTE BACHAHALLI VILLAGE, K R PETE TALUK, MANDYA DISTRICT-571436
3. JAYAMMA W/O. PRAKASH AGED ABOUT 63 YEARS, OCC. HOUSEWIFE R/AT. SANTE BACHAHALLI VILLAGE, K R PETE TALUK, MANDYA DISTRICT-571436
4. SHARATH @ SRIKANTH S/O. PRAKASH AGED ABOUT 37 YEARS, OCC: EMPLOYEE R/AT. SANTE BACHAHALLI VILLAGE, K R PETE TALUK, MANDYA DISTRICT-571436
5. GIRISH SHETTY @ MANU S/O. NANJAPPA SHETTY AGED ABOUT 35 YEARS,
- 4 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
OCC. DRIVER R/AT. SANTE BACHAHALLI VILLAGE, K R PETE TALUK, MANDYA DISTRICT-571436
6. MANJUNATH.S S/O. SHANKARACHAR AGED ABOUT 43 YEARS, OCC. ADVOCATE R/AT. NO. 772, 21ST CROSS, KENCHENAHALLI, IDEAL HOMES,
R R NAGAR, BENGALURU-560098 …PETITIONERS (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR PS, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001
2. TARANATHA RAI S/O. JATHAPPA RAI AGED ABOUT 42 YEARS, R/AT. FLAT NO. 102, 1ST FLOOR, PLOT NO. 894, 19TH CROSS, IDEAL HOMES LAYOUT, KENCHENAHALLI, R R NAGAR, BENGALURU 560098 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.27988/2023 IN CR.NO.110/2023 OF RAJARAJESHWARI NAGAR P.S., FOR THE OFFENCES P/U/S 143,147,341,323,354, 427,504,506,149 OF IPC, ON THE FILE OF XLVI ACMM, BENGALURU VIDE ANNEXURE-G.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
- 5 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
COMMON ORAL ORDER In Crl.P.No.4112/2024, the petitioners seek the following reliefs:
"A) Quash the Entire FIR and the proceedings thereon in Cr.No.111/2023 of Rajarajeshwari Nagar Police Station for offences punishable under Section 354, 323, 504, 506 R/w Section 34 of I.P.C, which is now pending before 46th Additional Chief Metropolitan Magistrate bearing C.C.No.27317/2023. B) Pass such other order or orders as this Hon'ble Court may deem fit in the facts circumstances of the case in the ends of justice."
2. In Crl.P.No.8932/2024, the petitioners seek the following reliefs:
" A) Quash the entire in C.C.No.27988/2023 in Crime No. 110/2023 of Rajarajeshwari Nagar Police for the offences punishable under Section 143, 247, 341, 323, 354, 427, 504, 506, 149 of IPC, on the file of XLVI Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-G in the interest of Justice and equity. B) Pass such other relief that this Hon'ble Court may deem fit in the facts circumstances of the case in the ends of justice."
- 6 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
3. Heard learned counsel for the parties and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record.
4. A perusal of the material on record will indicate that the petitioners in Crl.P.No.4112/2024 seek quashing of the impugned proceedings pursuant to a complaint given by respondent No.2 - de-facto complainant against them. The said respondent No.2 also preferred Crl.P.No.8932/2024 against the petitioners in Crl.P.No.4112/2024 seeking quashing of the complaint given by them against him.
5.
Learned counsel for the petitioners and respondents in both the petitions jointly submit that since the petitioners and respondents in both the petitions are residents of residential apartments in a residential apartment complex Ideal Homes, Triveni Homes Apartments, No.894, 19th Cross, 19th Main, R.R. Nagar, Bengaluru, and in order to maintain peace and harmony and to ensure community living in the apartment complex, both the petitions may be allowed and the impugned proceedings by both parties against one another may be quashed.
- 7 -
NC: 2025:KHC:2627 CRL.P No. 4112 of 2024 C/W CRL.P No. 8932 of 2024
6. In view of the aforesaid facts and circumstances and the joint submission made by both sides I am of the view that the impugned proceedings deserve to be quashed.
7. In the result, I pass the following:
ORDER (i) The petitions are allowed. (ii) In Crl.P.No.4112/2024, the impugned proceedings in Crime No.111/2023 registered by respondent No.1-Police, pending on the file of the 46th Additional Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioners are concerned, are hereby quashed. (iii) In Crl.P.No.8932/2024, the impugned proceedings in C.C.No.27988/2023 registered by respondent No.1-Police, pending on the file of the 46th Additional Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SR/BMC: List No.: 1 Sl No.: 9