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2025 DAILYLAW 30805 (KAR)

SRI DIGVIJAY RAVINDAR SINGH v. STATE OF KARNATAKA

WP/21256/2024 · 2025-01-10

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1092 WP No. 21256 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21256 OF 2024 (GM-RES) BETWEEN: SRI DIGVIJAY RAVINDAR SINGH, S/O. RAVINDAR SINGH, AGED ABOUT 23 YEARS, R/AT EASTERN DENTAL CLINIC, OPP. TREASURY OFFICE, A.T. ROAD,TINSUKIA, ASSAM-786 125. INDICATED IN F.I.R. AS: SRI. DIGVIJAY SINGH, R/AT M.J.A. PHARMATECH, 2ND FLOOR, 5TH CROSS, VASANTH NAGAR, BENGALURU-560 001. …PETITIONER (BY SRI. AMAR CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HIGH GROUNDS POLICE STATION, BENGALURU-560 001. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MS. SKANDA DIXIT D/O. NIDHI PANDE DIXIT, R/AT NO. 2/3-15/2, PAPAMMA RESIDENCY, 1ST MAIN ROAD, TAVAREKERE, CHIKKA ADUGODE, S.G. PALYA, BENGALURU-560 029. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1 SRI DEEPASHREE D., ADVOCATE FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1092 WP No. 21256 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF THE CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE ORDER TAKING COGNIZANCE DATED 06.07.2024 IN CC NO. 21735/2024 PASSED BY THE I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, AT BENGALURU AS AGAINST THE PETITIONER WHO IS ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 354, 354(A) OF IPC VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “i. Issue writ in the nature of Certiorari to Set aside the order taking cognizance dated 06.07.2024 in cc no. 21735/2024 passed by the I Additional Chief Judicial Magistrate, at Bengaluru as against the petitioner who is accused for the offence punishable under sections 341, 354, 354(a) of IPC vide annexure-A. ii. Quash the entire proceedings in C.C.No.21735/2024 as against the Petitioner who is accused, for the offence punishable under Sections 341, 354, 354(A) of IPC pending on the file of I Additional Chief Judicial Magistrate, Bengaluru, vide Annexure-‘A’ and; iii. Quash the Charge Sheet against the Accused/ Petitioner in C.C.No.21735/2024 for the offence punishable under Sections 341, 354, 354(A) of IPC pending on the file of I Additional Chief Judicial Magistrate, Bengaluru, vide Annexure-‘D’. Alternatively: - 3 - NC: 2025:KHC:1092 WP No. 21256 of 2024 iv. issue a writ of mandamus directing the Respondent No.1 High Ground Police to conduct further investigation in C.C.No.21735/2024 pending on the file of I Additional Chief Judicial Magistrate, Bengaluru on any reasonable conditions that this Hon’ble Court deems fit, vide Annexure-D and; v. Pass any other order/orders that this Hon’ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity.” 2. Learned counsel for the petitioner has filed the application under Section 359(1) read with 528 of Bharatiya Nagarika Suraksha Anhita, 2023, dated 10.01.2025 which reads as under: “APPLICATION FILED UNDER SECTION 359(1) READ WITH 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 The Petitioner and the Respondent no.2 in this case respectfully submit as follows: 1. That, based on the Complaint filed by the Respondent no.2 the Respondent no.1 police have registered an FIR in Cr.no.16/2024 against the Petitioner for the offences punishable under Sections 354 and 354 A of IPC, and upon investigation the Respondent police have filed charge sheet for the offences punishable under sections 341, 354 and 354 A of IPC, upon which the Learned Magistrate was pleased to take cognizance and register case in C.C.No.21735/2024, pending on the file of the I Additional - 4 - NC: 2025:KHC:1092 WP No. 21256 of 2024 Chief Judicial Magistrate, Bengaluru, against the Petitioner/ Deponent No.1, which proceedings are under challenge in this petition. 2. That, the Petitioners and the Respondent No.2 have settled the disputes between them and have mutually agreed to bring closure to all the pending litigations between them. 3. In view of the matter being settled by both the parties, Respondent No.2 does not intend to pursue the impugned criminal proceedings against the Petitioners. The detailed joint affidavit sworn to by the parties is produced here at DOCUMENT NO.1. 4. That, the Hon’ble Court in its inherent jurisdiction has ample powers to compound all the offences allged in the impugned proceedings. 5. That, in view of the settlement entered into between the parties this Hon’ble Court, may kindly be pleased to compound the same in view of the settlement entered into between the parties. Wherefore, it is prayed that this Hon’ble Court may kindly be pleased to permit the Respondent No.2 to compound the above said offences punishable under Sections 341, 354 and 354 A of IPC, and quash the proceedings in CC No.21375/2024, pending on the file of the I Additional Chief Judicial Magistrate, Bengaluru recording the settlement entered into between the parties, in the interest of the justice and equity. - 5 - NC: 2025:KHC:1092 WP No. 21256 of 2024 3. Accordingly, the Criminal Petition is disposed of in terms of the aforesaid Application dated 10.01.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 1 Sl No.: 97