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2025 DAILYLAW 32489 (KAR)

MR BHAGWAN SINGH M R v. STATE BY

WP/22125/2022 · 2025-01-29

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC:4014 WP No. 22125 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 22125 OF 2022 (GM-RES) BETWEEN: 1. MR. BHAGWAN SINGH M.R. S/O LATE M.R RAJA, AGED ABOUT 67 YEARS, RESIDING AT NO.522, 20TH MAIN, JAYANAGAR 4TH T. BLOCK, BANGALORE - 560 041 2. MR. SOURABH SINGH M.R. S/O BHAGWAN SINGH M.R., AGED ABOUT 27 YEARS, RESIDING AT NO.522, 20TH MAIN, JAYANAGAR 4TH T BLOCK, BANGALORE - 560 041 …PETITIONERS (BY SRI. RANJTH CHIPLUNKAR, ADVOCATE FOR SMT. VANDANA P.L., ADVOCATE) AND: 1 STATE BY VIJAYNAGAR P.S REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 2. MRS. VEENA B.S., AGED ABOUT 46 YEARS, RESIDING AT NO.1219, KRISHNA MANSION FLAT NO.101, 1ST CROSS, VIJAYANAGAR BENGALURU CITY. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. REVANNA SIDDESHA M.J., ADVOCATE FOR R2) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:4014 WP No. 22125 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973. PRAYING TO QUASH THE FIR AND COMPLAINT DTD 14.10.2022 FILED BY THE RESPONDENT IN CRIME NO.117/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 323, 504, 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 VIDE ANNX-A AND B RESPECTIVELY ARRAIGNING THE PRESENT PETITIONERS AS THE ACCUSED NO.1 AND 2 RESPECTIVELY, PENDING ON THE FILE OF 4TH ADDL. CMM COURT, BANGALORE. AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioner Nos.1, 2 and respondent No.2 are present before the Court along with their counsel. The parties are identified by their respective counsel. 2. Learned counsel for the petitioners and learned counsel for respondent No.2 have filed the joint affidavit sworn to by the parties, which reads as under: "WE, Mr. Bhagwan Singh M.R, S/o Late M.R Raja, Aged about 67 years, Residing at No. 522,20th Main, Jayanagar, 4th T Block, Bangalore-560041 and Mr. Sourab. Singh M.D S/o Bhagwan Singh M.R, Aged about 27 years, Residing at No. 522, 20th Main, Jayanagar, 4th T Block, - 3 - NC: 2025:KHC:4014 WP No. 22125 of 2022 Bangalore-560041 the petitioners herein and Mrs. Veena B.S Aged about 46 years Residing at No. 1219, Krishna Mansion, Flat No. 101,1st Cross Vijayanagar, Bengaluru City the Respondent No.2 herein respectively. We swear that we are the petitioners and the 2nd respondent in the above matter and we are completely conversant with the entire facts and circumstances of the case and hence we swear to this affidavit. 1. We swear that we are completely conversant with the entire facts and circumstances of the case and hence we swear to this affidavit. 2. We swear that the present writ petition is filed challenging the initiation of Criminal proceedings by the Respondent against the Petitioners for the offences punishable under Sec 406, 420, 323, 504, 506 read with sec 34 of IPC in Crime no 117/2022 pending on the file of 4th Addl. CMM Court, Bangalore arraigning the present petitioners as Accused No.1 and 2 respectively. 3. We swear that the subsequent to the filing of the present petition the matter has been amicably settled between the parties and in view of the said settlement, the 2nd respondent has come forward to cooperate for the closure of present proceedings legally. 4. In view of the above settlement the complainant has no objection to quash the present proceedings, hence the affidavit and it is most prayed that this Hon'ble Court may be pleased to allow the writ petition and consequently quash FIR in Crime no 117/2022 of Respondent No.1 Vijay Nagar Police Station Sec 406, 420, 323, 504, 506 read with - 4 - NC: 2025:KHC:4014 WP No. 22125 of 2022 sec 34 of IPC arraigning the present petitioners as Accused No. 1 to 2 Respectively pending on the file of 4th Addl. CMM Court at Bangalore and all further proceedings arising thereof upon a joint affidavit in the interest of justice. Whatever stated above is true and correct to the best of our knowledge information and belief and we believe them to be true." 3. Both the learned counsels submitted that the parties have amicably settled their dispute and hence, the petition is liable to be allowed. 4. The petitioners and respondent No.2 admit the terms of joint affidavit. Respondent No.2 has no objection to allow the petition and to quash the criminal proceedings. 5. Satisfied with the terms of settlement, the joint affidavit is accepted. 6. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The FIR in Crime No.117/2022 of Vijayanagara Police Station registered for the offence punishable under - 5 - NC: 2025:KHC:4014 WP No. 22125 of 2022 Sections 406, 420, 323, 504, 506 read with Section 34 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 15