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2025 DAILYLAW 29970 (KAR)

MR ADITYA @ N K ADITYAKUMAR v. THE STATE OF KARNATAKA

CRL.P/8312/2024 · 2025-03-26

Hemant Chandangoudar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 8312 OF 2024 C/W CRIMINAL PETITION NO. 7704 OF 2024 IN CRL.P No. 8312/2024: BETWEEN: 1. MR ADITYA @ N K ADITYAKUMAR S/O KRISHNAKUMAR, AGED ABOUT 21 YEARS, 2. SMT. JYOTHI LAKSHMI W/O KRISHNAKUMAR, AGED ABOUT 50 YEARS, 3. MR KRISHNA KUMAR D N S/O DIVAKARAN PILLAI, AGED ABOUT 50 YEARS, ALL THE PETITIONER NOS.1 TO 3 ARE R/AT NO.35, GIRIDHAMANAGAR, DODDABETTAHALLI LAYOUT, VIDYARANYAPURA POST, YELAHANKA TALUK, BENGALURU-560 097. …PETITIONERS (BY SRI. AKARSH SUDHAKAR KANADE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YALAHANKA NEW TOWN POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 HIGH COURT OF KARNATAKA BANGALORE CITY-560 001. 2. MR V BALU S/O VEERASWAMY, AGED ABOUT 53 YEARS, NO 14, 10TH MAIN, 2ND CROSS, DODDABETTAHALLI LAYOUT, VIDYARANYAPURA POST, YELAHANKA UPANAGARA, BENGALURU-560097. …RESPONDENTS (BY SRI. M.N. ANOOPKUMAR, HCGP FOR R1; SRI. DILRAJ JODE ROHIT SEQUIRE, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS OF C.C NO.32240/2023 WHICH IS PENDING AGAINST THE PETITIONERS BEFORE THE HONOURABLE 7TH ADDL.CHIEF JUDICIAL MAGISTRATE COURT, BANGALORE FOR THE OFFENCE P/U/S 354, 323, 504, 506 R/W 34 OF IPC. IN CRL.P NO. 7704/2024 BETWEEN: 1. V BALU S/O VEERASWAMY AGED ABOUT 54 YEARS R/A NO 14, SREE RAJ NIVAS , 10TH MAIN ROAD, 2ND CROSS, GIRIDHAMANAGARA, DODDABETTAHALLI LAYOUT, VIDHYARANYAPURA POST, YELAHANKA UPA NAGARA BENGALURU - 560097. 2. RAJESH S/O V BALU AGED ABOUT 22 YEARS R/A NO.14, SREE RAJ NIVAS , 10TH MAIN ROAD, 2ND CROSS, - 3 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 GIRIDHAMANAGARA, DODDABETTAHALLI LAYOUT, VIDHYARANYAPURA POST, YELAHANKA UPA NAGARA BENGALURU - 560097. 3. SELVI W/O V BALU AGED ABOUT 44 YEARS R/A NO.14, SREE RAJ NIVAS , 10TH MAIN ROAD, 2ND CROSS, GIRIDHAMANAGARA, DODDABETTAHALLI LAYOUT, VIDHYARANYAPURA POST, YELAHANKA UPA NAGARA BENGALURU - 560097. 4. PRIYA D/O V BALU AGED ABOUT 24 YEARS R/A NO.14, SREE RAJ NIVAS , 10TH MAIN ROAD, 2ND CROSS, GIRIDHAMANAGARA, DODDABETTAHALLI LAYOUT, VIDHYARANYAPURA POST, YELAHANKA UPA NAGARA BENGALURU - 560097. ...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER YELAHANKA NEW TOWN POLICE STATION DAVANGERE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. SMT. JYOTHI LAXMI W/O KRISHNAKUMAR AGED ABOUT 50 YEARS R/A NO.35, GIRIDHAMANAGARA, - 4 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 DODDABETTAHALLI LAYOUT, VIDHYARANYAPURA POST, YELAHANKA UPA NAGARA BENGALURU - 560097. ...RESPONDENTS (BY SRI. M.N. ANOOPKUMAR, HCGP FOR R1; SRI. AKARSH SUDHAKAR KANADE, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT, FIR PERTAINING TO YELAHANKA NEW TOWN POLICE STATION IN CR.NO.422/2023, DATED 17.10.2023 ENTIRE CHARGE SHEET IN C.C.NO.32243/2023, FOR THE OFFENCE P/U/S 354, 323, 506 R/W SEC. 34 OF IPC AND ALL FURTHER PROCEEDINGS NO PENDING ON THE FILE OF 30TH ADDL. CMM AT BANGALORE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER In Crl.P No.8312/2024: The petitioners, facing trial for offences under Sections 354, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC), have approached this Court seeking relief. 2. The prosecution alleges that the petitioners, residing diagonally opposite the complainant’s residence, were fully aware of the complainant’s Scheduled Caste status and subjected him to harassment, torture, and assault. 3. In Criminal Petition No. 7704/2024, the petitioners—accused Nos. 1 to 4—have been charge-sheeted - 5 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 for offences under Sections 354, 323, 506 read with Section 34 of the IPC. 4. The prosecution alleges that while the complainant was walking in front of her house and placing waste near her residence to feed animals, petitioner No. 1, without any provocation, initiated a quarrel, assaulted her on the head, and pulled her clothes. Petitioner No. 2 allegedly spat on her face. When the complainant’s son arrived at the scene, she lost consciousness and was subsequently taken to the hospital by her husband. 5. The parties are present before this Court and have filed an application for compounding the offences, stating that they reside in the same locality, the incident occurred in the heat of the moment, and to prevent further hostility, they have agreed to withdraw all allegations against each other and maintain a cordial relationship. This application is placed on record. 6. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioners to trial would serve no purpose. The likelihood of the petitioners’ conviction is remote and bleak in light of the settlement. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petitions are allowed. - 6 - NC: 2025:KHC:13008 CRL.P No. 8312 of 2024 C/W CRL.P No. 7704 of 2024 8. In Criminal Petition No. 8312/2024, the impugned proceedings in CC No. 32240/2023 pending before the learned 7th Additional Chief Judicial Magistrate Court, Bangalore, are hereby quashed. 9. In Criminal Petition No. 7704/2024, the impugned proceedings in CC No. 32243/2023 arising out of Crime No. 422/2023 registered by the Yelahanka Newtown Police Station, pending before the 30th Additional Chief Metropolitan Magistrate, Bangalore, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 104