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2025 DAILYLAW 29536 (KAR)

MR. NARAYANA GOWDA. K. S. v. THE STATE OF KARNATAKA

CRL.P/6829/2023 · 2025-02-05

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5748 CRL.P No. 6829 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6829 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. NARAYANA GOWDA. K. S. S/O MR SIDDE GOWDA AGED ABOUT 44 YEARS R/A NO.1505/21, 12TH MAIN ROAD BHUVANESHWARI NAGAR T DASARAHALLI BENGALURU CITY-560 057. ALSO AT: #115/21, 5th CROSS, 1ST MAIN KEMPEGOWDA NAGAR, T. DASARAHALLI BENGALURU – 560 057. …PETITIONER (BY SMT. MONICA PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CUBBON PARK POLICE STATION BENGALURU KARNATAKA-560 001. 2. JAKIR HUSSAIN LASKAR NO.92/1, 3RD CROSS FARVELLA APARTMENT LAVELLE ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI. THEJESH.P, ADVOCATE FOR R-1 SRI. SHAKEEL ABDUL RAHIMAN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.133/2023 PENDING ON THE FILE OF THE 8TH A.C.M.M BENGALURU FOR THE OFFENCE P/U/S 427,506,341,504,323 OF THE IPC REGISTERED BY CUBBON PARK P.S., i.e RESPONDENT NO.1 (ANNEUXRE-A)I.A.NO.1/2023 FOR STAY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5748 CRL.P No. 6829 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- (i) Quash the FIR in Crime no.0133/2023 pending on the file of 8th Additional Chief Metropolitan Magistrate, Bangalore, for the offences under Sections 427, 506, 341, 504 and 323 of IPC; (Annexure-A); (ii) Pass such other order/s as this Hon’ble Court deems fit to pass or grant such other reliefs in the circumstances of the case in the interest of justice”. 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 20.12.2024 accompanied by an application in I.A.2/2024 duly signed by the petitioner, 2nd respondent and their respective counsel. The same is taken on record. 3. Petitioner – accused and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT “We, Narayan Gowda, S/o. Mr.Sidde Gowda, Aged about 44 years, residing at No.1505/21, 12th Main Road, Bhuvaneshwari Nagar, T Dasarahalli, Bengaluru City – - 3 - NC: 2025:KHC:5748 CRL.P No. 6829 of 2023 560057 and Jakir Hussain Laskar, No.92/1, 3rd Cross, Farvella Apartment, Lavelle Road, Bengaluru – 560001, do hereby solemnly state on oath as follows: - 1. We state that we are the Petitioners and Respondent No.2 in the captioned Petition and we are aware of the facts and circumstances of the case to swear to instant Affidavit. 2. We state that we are drivers of two residents of Farvella Apartments, Lavelle Road, Bengaluru. 3. We stat that on August 02, 2023, we got into a heated argument and the same led the Petitioner to file Complaint which culminated into registration of FIR bearing Crime No.0132/2023 on August 02, 2023 against the Respondent No.2 for offences punishable under Section 506, 341, 504 and 323 of the Indian Penal Code, 1860. 4. We further state that, the Respondent No.2 filed a counter-complaint against the Petitioner in Crime No.0133/2023 registered by the Respondent No.1 for the offences punishable under Section 427, 506, 341, 504 and 323 of the Indian Penal Code, 1860 on August 02, 2023. We state that a charge-sheet has been filed against Respondent No.2 in Crime No.0133/2023 and CC 22419/2023 pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru. 5. We state that during the pendency of the aforementioned proceedings the Petitioner and the Respondent No.2 on the intervention of their employers have - 4 - NC: 2025:KHC:5748 CRL.P No. 6829 of 2023 arrived at an amicable settlement and have agreed to settle the issues amicably and we both intend to withdraw the proceedings pending against each other. 6. We state that in view of the settlement, the Respondent No.2 undertakes and agrees to withdraw all allegations against the Petitioner in Crime No.0133/2023 and facilitate quashing of the proceedings in Crime No.133/2023. Further, the Petitioner herein further agrees and undertakes to withdraw all allegations against the Respondent No.2 in Crime No.0132/2023 dated August 02, 2023 and further co- operate in closure of the proceedings in C.C.No.22419/2023 pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru. 7. We state that the settlement arrived at between the parties to settle the matters is a voluntary independent decision taken by both the parties and is not due to any coercion or undue influence. 8. We state that the Petitioner and the Respondent No.2 have amicably settled their dispute and in view of the settlement arrived at between the parties the Respondent No.2, has no objection to quash the FIR in Crime No.0133/2023 dated August 02, 2023 against the Petitioner and further Petitioner has not objection to compound the offences in CC No.22419/2023 pending before the Hon’ble XLI Additional Chief Metropolitan Magistrate, Bengaluru. Wherefore, in view of the settlement arrived at between the parties, it is most humbly prayed by the - 5 - NC: 2025:KHC:5748 CRL.P No. 6829 of 2023 Petitioner and the Respondent No.2 to allow the present Application and quash the proceedings in Crime No.0133/2023 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru, registered by the Respondent No.1, for the offences punishable under Section 427, 506, 341, 504 and 323 of the Indian Penal Code, 1860, in the interest of justice and further permit the Petitioner and Respondent No.2 to place the order sheet in the captioned matter before the VIII Additional Metropolitan Magistrate, Bengaluru and facilitate closure of the proceedings in C.C.No.22419/2023, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 20.12.2024. (ii) All further proceedings in C.C.No.22419/2023 arising out of FIR in Crime No.133/2023 registered by the 1st respondent – Police for the offences punishable under Sections 427, 506, 341, 504 and 323 of IPC, pending on the file of VIII ACMM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.