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2025 DAILYLAW 26639 (KAR)

N.KRISHNA v. STATE OF KARNATAKA

CRL.P/7049/2025 · 2025-05-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - NC: 2025:KHC:18225 CRL.P No. 7049 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 7049 OF 2025 BETWEEN: N. KRISHNA S/O NARASA HANUMAYYA AGED ABOUT 48 YEARS RESIDING AT MUKTAMBIKA BADAVANE BEHIND MUTYALAMMA TEMPLE KURUBARAHALLI ROAD, DODDABALLAPUR BANGALORE RURAL - 561 203. …PETITIONER (BY SRI SANJAY YADAV B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADHUGIRI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SAMSHAD W/O SHAFFIK AHMED AGED ABOUT 34 YEARS RESIDING AT R N ROOPA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU - 572 132. …RESPONDENTS (BY SRI HARISH GANAPATHI, HCGP FOR R1; SRI KALICHARAN G.R, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF Cr.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18225 CRL.P No. 7049 of 2025 PROCEEDINGS AS AGAINST THE PETITIONER IN CC No.27/2024 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI FOR THE OFFENCE OF PUNISHABLE UNDER SECTION 420 OF IPC REGISTERED BY 1ST RESPONDENT MADHUGIRI P.S., THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This application is filed by respondent No.1 under Section 482 Cr.P.C praying to quash the entire proceedings in C.C.No.27/2024 pending on the file of the Prl. Senior Civil Judge and JMFC, Madhugiri, registered for offence punishable under Section 420 of Indian Penal Code ("hereinafter referred to as IPC"). 2. On the complaint of respondent No.2, case has been registered against unknown persons in Crime No.2/2024 of Madhugiri Police Station for the offence punishable under Section 420 of IPC. The Police, after investigation filed chargesheet against the petitioner for offence punishable under Section 420 of IPC. Upon receipt of the chargesheet, a case came to be registered against the petitioner in - 3 - NC: 2025:KHC:18225 CRL.P No. 7049 of 2025 C.C.No.27/2024 for offence punishable under Section 420 of IPC which is pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri and the said criminal proceedings are sought to be quashed in the present petition. 3. Learned High Court Government Pleader accepts notice for respondent No.1. Sri. Kalicharan G.R., learned counsel files vakalath for respondent No.2. 4. Application under Section 320(2) read with Section 482 of Cr.P.C for compounding is filed and it is signed by the petitioner, respondent No.2 and their respective counsels. An affidavit of respondent No.2 is filed. The respondent No.2 submits that she has settled the matter with the petitioner. The same is also stated in her affidavit. The offence punishable under Section 420 of IPC is compoundable with the permission of the Court. Respondent No.2 is a victim. Respondent No.2 submits that she has received cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from the petitioner/accused, as per order of the trial Court. - 4 - NC: 2025:KHC:18225 CRL.P No. 7049 of 2025 5. Learned counsel for the petitioner submits that petitioner is not making any claim with regard to the said cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from his possession and released to the respondent No.2. 6. In view of the settlement between respondent No.2 and petitioner, the offence punishable under Section 420 of IPC registered against the petitioner is compounded. In view of compounding the proceedings against the petitioner on C.C.No.27/2024 pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri are quashed. Accordingly, petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE NM List No.: 1 Sl No.: 144 CT: BHK