Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9768 OF 2023 BETWEEN:
SRI. S. SIDDARAJU S/O. LATE SIDDAPPA, AGED ABOUT 62 YEARS, AGRICULTURIST, R/O NO.41, 4TH D CROSS RAMAIAH BADAVANE, RAJAGOPAL N PEENYA 2ND STAGE, BANGALORE - 560058. …PETITIONER (BY SRI. B.M. HALA SWAMY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY SIRA POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU - 560001
2.
SRI. RANGASHAMAIAH M .S.
S/O LATE. SANNARANGAPPA, AGED ABOUT 68 YEARS, R/AT MADENAHALLI VILLAGE, SIRA TALUK, TUMAKURU, KARNATAKA - 572115 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 EMERGENT NOTICE ISSUED TO R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023
THIS CRL.P IS FILED U/S. 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET FILED IN C.C.NO.626/2019 ANNEXURE C FILED BY THE RESPONDENT NO.1 SIRA POLICE STATION FOR OFFENCE P/U/S. 114,120-B,141,142,143,149,420,463,464, 465,468,471,504,506 R/W SEC. 34 OF IPC PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT SIRA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Charge sheet filed in CC.No.626/2019 on the file of the Court of Senior Civil Judge and J.M.F.C, Sira, is sought to be quashed in this petition preferred under Section 482 of Cr.P.C, by accused No.5.
2. Crime No.213/2018 of Sira Police Station, Tumkur, came to be registered on a complaint lodged by one Rangashamaiah M.S S/o. Late. Sannarangappa for offences punishable under Section 114, 120B, 141, 142, 143, 149, 420, 463, 464, 465, 468, 471, 504, 506 read with Section 34 of IPC, against accused Nos.1 to 7,
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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023
wherein petitioner is arraigned as accused No.5. On completion of investigation, charge sheet was filed.
3. It is not in dispute that the proceedings initiated against accused Nos.1 to 4, 6 and 7 are quashed by this Court in Crl.P.No.3869/2020 dated 22.06.2023 and Crl.P.No.5177/2023 dated 22.06.2023. The copies of both the orders are enclosed along with the petition as Annexure-D and E.
4. Perusal of the above orders, shows that joint affidavit was filed in both the petitions on the ground that, the parties have resolved the entire disputes between themselves unconditionally and the complainant has withdrawn all the allegations against the petitioners therein.
5. Based on the joint affidavits filed by the parties, the entire proceedings against the above named accused, in CC.No.626/2019 pending on the file of the Court of Senior Civil Judge, J.M.F.C, Sira, are quashed by this Court. The allegations against all the accused are one and
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NC: 2025:KHC:14328 CRL.P No. 9768 of 2023
the same. There is no distinct or separate allegation against the petitioner, arraigned as accused No.5. That being so, proceedings cannot be continued only against the petitioner, as charge sheet was filed invoking Sections 34 and 149 of IPC.
6. In that view of the matter, proceeding pending against the petitioner is an abuse of the process of Court. Accordingly, the following:
ORDER i. Petition is allowed. ii. The entire proceedings in CC.No.626/2019 on the file of Court Senior Civil Judge, J.M.F.C, Sira, as against the petitioner/accused No.5 is quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
PK List No.: 1 Sl No.: 8