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2025 DAILYLAW 27755 (KAR)

MR ANANDA v. STATE OF KARNATAKA

CRL.P/7293/2022 · 2025-01-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3269 CRL.P No. 7293 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7293 OF 2022 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR ANANDA S/O KALLUVEERAIAH AGED ABOUT 48 YEARS 2. MRS RADHA W/O ANANDA AGED ABOUT 44 YEARS 3. MRS BHUVAN D/O ANANDA W/O AKASHA AGED ABOUT 22 YEARS 4. MR AKSHYA S/O ANANDA AGED ABOUT 24 YEARS PETITIONER NO. 1 TO 4 ARE R/AT SOLADEVANAHALLI BENGALURU CITY BENGALURU-560 107. ...PETITIONERS (BY SRI. GIRISH KUMAR B M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THIRUMALASHETTAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR AMBEDKAR VEEDHI BENGALURU-560 001. 2. MRS PUSHPA W/O LATE HARISH Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3269 CRL.P No. 7293 of 2022 AGED ABOUT 47 YEARS R/AT SHANKAR REDDY BUILDING KORALURU VILLAGE HOSAKOTE TALUK BENGALURU-560 067. ...RESPONDENTS (BY SRI. VINAY MHADEVAIAH, HCGP FOR R-1 SRI. PRASANNA KUMAR.S, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR DATED 22.05.2022 IN CR.NO.69/2022 REGISTERED BY THE RESPONDENT NO.1 THIRUMALASHETTAHALLI P.S., FOR THE OFFENCE P/U/S 306 OF IPC, PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C., HOSKOTE, BENGALURU RURAL DISTRICT VIDE ANNEXURE-A IN RESPECT OF PETITIONERS HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought for the following relief:- “(a) Quash the First Information Report dated 22.05.2022 in Crime No. 69/2022 registered by the Respondent No. 1 Thirumalashettahalli, police for offence punishable under Section 306 of IPC pending on the file of the Addl. Civil Judge (Jr. Dn) & JMFC, Hosakote, Bengaluru Rural District vide Annexure - A in respect of Petitioners herein; (b) Consequently, quash the complaint dated 22.05.2022 filed by Respondent No. 2 before Respondent No. 1 vide Annexure in respect of Petitioner herein; - 3 - NC: 2025:KHC:3269 CRL.P No. 7293 of 2022 (c) Quash the entire proceedings in Crime No. 69/2022 pending the file of the Addl. Civil Judge (Jr. Dn) & JMFC, Hosakote Bengaluru Rural District vide Annexure –C in respect of Petitioners herein; (d) Grant such other relief/s, pass such other Order/s Hon'ble Court deems fit in the facts and circumstances case, o the case, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. The petitioners – accused Nos.1 to 4 and respondent No.2 - complainant are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “We, Ananda, S/o Kalluveeraiah, aged about 50 years, Radha, Ananda, aged about 46 years, Bhuvana, D/o Ananda, aged about 24 y and Akshya, S/o Ananda, aged about 24 years, all are residin Soladenahalli, Bengaluru City, Bengaluru - 560 107 and Pushpa, W Harish, aged about 49 years, residing at: Shankar Reddy Bu Koraluru Village, Hosakote Taluk, Bengaluru - 560 067, do hereby and state on oath as follows: 1. We jointly state that, we are the Petitioners and the Respondent 2 in the above case. That with the intervention of the elder wishes, both parties have reconciled all the differences them and compromised the disputes in order to between them. Accordingly, Petitioner No. 3 and Respondent No. 2 have got - 4 - NC: 2025:KHC:3269 CRL.P No. 7293 of 2022 divorce by mutual consent vide Judgment dated: 23.01.2025 in M.C.No.398/2025 before the Principal Family Judge, Family Court, at Bengaluru. For which reason, the Respondent No. 2 herein withdraws the allegations in her complaint dated 22.05.2022 and accordingly, has agreed to withdraw the criminal proceedings in Crime No. 69/2022 registered by the Respondent No. 1 Police pending on the tide of the Addi Civil Judge Jr. Dn) & JMFC, Hosakote, Bengaluru Rural District for offences punishable under Section 306 of IPC which is the subject matter of the instant petition and are not willing to prosecute the said case. 2. We jointly state that, in view of the above, the 2nd respondent/complainant does not wish to continue the criminal proceedings initiated by her and has no objection for quashing the proceedings against the petitioner. Although the alleged offences are non-compoundable in nature, this Hon'ble Court has inherent powers under Section 482 of IPC to compound the offence and quash the proceedings against the parties as they have settled all their disputes between them. Hence, this application is filed seeking permission to compound the above said offences and thereby quashing of the proceedings against the Petitioners. 3. We have understood the contents of this application and ho affixed our signature accordingly. Hence, this Hon'ble Court may pleased to allow the captioned criminal petition and accordingly quash the proceedings against the petitioner. 4. We jointly state that what is stated above is true and correct to the best of our knowledge, belief and information.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: - 5 - NC: 2025:KHC:3269 CRL.P No. 7293 of 2022 ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 24.01.2025. (ii) The proceedings Crime No.69/2022 registered by respondent No.1-Police, pending on the file of the Additional Civil Judge (Jr.Dn.) & JMFC, Hosakote, Bengaluru Rural District, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 74