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2025 DAILYLAW 27940 (KAR)

SMT PADMAMMA RAJU v. STATE OF KARNATAKA

CRL.P/7684/2025 · 2025-06-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7684 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT PADMAMMA RAJU W/O LATE P S RAJU AGED ABOUT 96 YEARS R/AT NO.110, 4TH BLOCK 4TH STAGE, 8TH MAIN, AGRAHARA DASARAHALLI, BASAVESHWARANAGAR, BENGALURU – 560 079. 2. SMT CHENGAMMA P R W/O GURAPPA AGED ABOUT 79 YEARS R/AT NO.110, 4TH BLOCK 4TH STAGE, 8TH MAIN, AGRAHARADASARAHALLI, BASAVESHWARANAGAR, BENGALURU – 560 079. 3. SMT PREMALATHA P R W/O LAKSHMANAPPA H AGED ABOUT 74 YEARS R/AT NO 111, 4TH BLOCK 4TH STAGE, 8TH MAIN, AGRAHARADASARAHALLI BASAVESHWARANAGAR, BENGALURU – 560 079. 4. SMT SWARNALATHA P R W/O RAJASHEKAR H AGED ABOUT 70 YEARS R/AT NO 110, 4TH BLOCK Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 4TH STAGE, 8TH MAIN, AGRAHARADASARAHALLI, BASAVESHWARANAGAR, BENGALURU – 560 079. …PETITIONERS (BY SRI. RABIYA KHANUM L, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALSAURGATE POLICE STATION BENGALAURU CITY, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. 2. SRI. SRIDHARA BABU, S/O LATE P.S.RAJU AGED ABOUT 71 YEARS, R/A NO.C-2, CASALAVELLE-4 APP 12/1, LAVELLE ROAD, BENGALURU -560 001. …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R-1; SRI. ADINARAYANA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS LODGED BY THE HALASURGATE P.S. IN CR.NO.60/2023 OF WHICH CC.NO.9554/2025 BASED ON THE COMPLAINT GIVEN BY 2ND RESPONDENT, FOR THE OFFENCES P/U/S 406, 464, 467, 420, 120(b) OF IPC, 1860, PENDING ON THE FILE OF HON’BLE III ACMM COURT, BENGALURU, AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs:- “(a) Quash the entire proceedings lodged by the Halasurugate Police Station in Crime No. 60/2023 of which C.C.No.9554/2025 based on the complaint given by 2nd respondent for the alleged offences u/s 406, 464, 467, 420, 120(b) of Indian Penal Code, 1860, which is now pending on the file of Hon’ble III Addl. Chief Metropolitan Magistrate Court, Bengaluru as an abuse of process of law. (b) Issue any other order or directions and such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1, 3 and 4 and learned counsel for 2nd respondent – complainant have filed a Joint Memo and Joint Affidavit duly signed by the petitioner Nos.1, 3 and 4, 2nd respondent and their respective counsel and the same is taken on record. It is submitted that petitioner No.2 is dead. 3. Petitioners – accused Nos.1, 3 and 4 and their counsel and 2nd respondent and his counsel are physically present before the Court and they admit the contents of the Joint Memo and Joint Affidavit, which read as under:- - 4 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 JOINT MEMO “The Petitioner No.1 is the mother and Petitioners No.2, 3 and 4 are sisters of the Respondent no.2 / Defacto Complainant. It is submitted that the Petitioner no.2 / Accused no.2 died during the pendency of the proceedings on 04/7/2024. Therefore, proceedings against her stands abated. It is further submitted that both the parties have mutually agreed to compromise the offences alleged offences U/s 406, 464, 467, 420, 120(b) read with section 34 of Indian Penal Code 1860 in Crime No.60/23 of which C.C. No.9554/2025 is registered pending on the file of Hon'ble III Addl. Chief Metropolitan Magistrate Court, Bengaluru. It is further submitted that the Respondent no.2 without any condition of his own accord has come forward to compound the offences alleged against the Petitioners no.1 to 4. Consequently Respondent No.2 / Defacto complainant is consenting for quashing of the proceedings against the Petitioners in C.C.No.9554/2025 in Crime No.60/23 pending on the file of Hon'ble III Addl. Chief Metropolitan Magistrate Court, Bengaluru for the offences U/s 406, 464, 467, 420, 120(b) read with section 34 of Indian Penal Code 1860 to secure the ends of justice.” “JOINT AFFIDAVIT “I, Padmamma Raju, W/o. Late PS Raju, aged about 94 years, R/at No.110, 4th Block, 4th Stage, 8th Main, - 5 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 Agrahara Dasarahalli, Basaveshwaranagar, Bengaluru – 560 079, the petitioner No.1 / accused No.1 herein. I, Premalatha PR, W/o Lakshmanappa H, aged about 72 years, R/at No.111, 4th Block, 4th Stage, 8th Main, Agrahara Dasarahalli, Basaveshwaranagar, Bengaluru – 560 079, the petitioner No.3 / accused No.3 herein. I, Swarnalatha PR, W/o Rajashekar H, aged about 68 years, R/at No.110, 4th Block, 4th Stage, 8th Main, Agrahara Dasarahalli, Basaveshwaranagar, Bengaluru – 560 079, the petitioner No.4 / accused No.4 herein. I, Sridhara Babu, S/o late P.S.Raju, aged about 71 years, R/at No.C-2, Casalavelle-4, 12/1, Lavelle Road, Bengaluru – 560 001, Defacto Complainant / respondent No.2 herein do hereby solemnly affirm and state on oath as follows: We state that we are well conversant with the facts and circumstances of the case. Hence, we are swearing to this Joint Affidavit. We further state that we have arrived for a settlement with regard to the complaint lodged by the respondent No.2/ Defacto complainant before the Halasurugate Police Station, Bengaluru in Crime No.60/2023, which is registered as C.C.No.9554/2025 pending on the file of Hon’ble III Addl. Chief Metropolitan Magistrate Court, Bengaluru for the offences u/s 406, 464, 467,420, 120(b) read with Section 34 of IPC, 1860. Hence, this Joint Memo and Affidavit. - 6 - HC-KAR NC: 2025:KHC:21371 CRL.P No. 7684 of 2025 Wherefore, we pray that this Hon’ble Court may be pleased to accept our Joint Memo and Joint Affidavit and quash the entire proceedings in C.C.No.9554/2025 pending on the file of Hon’ble III Addl. Chief Metropolitan Magistrate Court, Bengaluru for the offences u/s 406, 464, 467, 420, 120(b) read with Section 34 of IPC, 1860.” 4. In view of the aforesaid settlement entered into between the petitioner Nos.1, 3 and 5 and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo and Joint Affidavit dated 09.06.2025. (ii) The proceedings in C.C.No.9554/2025 (arising out of Crime No.60/2023 of 1st respondent – Police) registered for the offences punishable under Sections 406, 464, 467, 420, 120(b) read with Section 34 of IPC, pending on the file of III Addl. Chief Metropolitan Magistrate Court, Bengaluru insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 131