SHRI HARI KRISHNA S/O LINGANNA MANILA v. STATE OF KARNATAKA
CRL.P/100328/2025 · 2025-01-25
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2713 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2713 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1500 CRL.P No. 100328 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100328 OF 2025 (482(Cr.PC)/528(BNSS))
BETWEEN:
SHRI. HARI KRISHNA S/O. LINGANNA MANILA AGE. 34 YEARS, OCC. LABOURER, R/O. MADIGA DHARMAVARAM SIDDGUTTA AREA NEAR REBAL CAFE TEA STALL, DIST. ANANTHPURA, ANDHRA PRADESH-515671. …PETITIONER (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH KASABAPETH POLICE STATION, HUBLI SOUTH SUB-DIVISION, HUBBALLI-580024.
2.
SHRI. NAGARAJ S/O. MAREPPA TAGARGUNTI AGE. 52 YEARS, OCC. CONTRACTOR, R/O. INDIRANAGAR, 1ST CROSS, HUBBALLI, DIST. DHARWAD-580024. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. RAKESH M.BILKI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS REGISTERED AGAINST THE PETITIONER/ ACCUSED IN CC NO.1414/2018 CRIME NO.0164/2017 KASABAPETH P.S. HUBBALLI, PENDING ON THE FILE OF THE JMFC II COURT HUBBALLI FOR THE OFFENCES PUNISHABLE U/S 504, 506, (A) (2) (C) (D) (1) OF IPC AND SECTION 67 OF I.T. ACT.
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:20 +0530
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NC: 2025:KHC-D:1500 CRL.P No. 100328 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner has been charge-sheeted for offences punishable under Sections 504, 506, and 354(A)(i)(C)(D)(i) of the Indian Penal Code (for short, ‘the IPC’) and Section 67 of the Information Technology Act, 2000.
2. The prosecution case is that the petitioner uploaded a pornographic photograph and shared the same with Respondent No. 2 via WhatsApp.
3. The parties are present before the Court and have filed an application under Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) for compounding of the offence. They state that they have amicably resolved the dispute among themselves, and Respondent No. 2 has voluntarily agreed to withdraw all allegations without any coercion or undue influence and has no objection to the quashing of the impugned proceedings.
4. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, it would serve no purpose to subject the petitioner to trial. The probability of conviction is remote and bleak, given the settlement reached between the parties. Therefore, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following:
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NC: 2025:KHC-D:1500 CRL.P No. 100328 of 2025
ORDER
i) The criminal petition is allowed. ii) The impugned proceedings in C.C. No.1414/2018 (arising out of Kasabapeth Police Station Crime No.164/2017) pending on the file of JMFC II Court Hubballi, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
AC Ct:vh List No.: 4 Sl No.: 1