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2025 DAILYLAW 35623 (KAR)

K C CARIAPPA v. STATE OF KARNATAKA

CRL.P/12597/2024 · 2025-02-28

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12597 OF 2024 BETWEEN: 1. K C CARIAPPA R/A NO.11, 22nd CROSS, NEAR NOBEL SCHOOL, BAGALGUNTE, BENGALURU NORTH, KARNATAKA 560073. 2. K.M CHARAMANNA S/O LATE K.M MACHAIAH, AGED ABOUT 67 YEARS. R/A NO.64/1, 2nD CROSS, BAGALGUNTE, BENGLAURU NORTH , BAGALAGUNTE, BENGALURU 560073. 3. PRATHIMA W/O CHARAMANNA, AGED ABOUT 59 YEARS, R/A NO.64/1, 2nD CROSS, BAGALGUNTE, BENGLAURU NORTH BAGALAGUNTE, BENGALURU 560073. …PETITIONERS (BY SRI. ABHISHEK K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTTED BY SPP, HIGH COURT OF KARNATKAA, BENGLAURU 56001. 2. DISHA CARIAPPA D/O HAPPY CARIAPPA, AGED ABOUT 25 YEARS, R/AT NO.203204, KODAVA SULTANA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 APARTMENT 1st CROSS, DODAMMA LAYOUT, RT NAGAR BENGALURU 560034. …RESPONDENTS (BY SRI. THEJESH P.,HCGP FOR R1; SRI. N. JAI PRAKASH RAO, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.34816/2024 PENDING ON THE FILE OF 8th ADDL. CJM, BENGALURU FOR ALLEGED OFFENCE P/US/ 506,504,323 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT POLICE STATION IN CRIME NO.458/2023 DATED 23.12.2023. 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 petitioners seek the following reliefs: "Quash the entire proceedings in C.C.No.34816/2024 pending on the file of 8th ADDL CJM, Bengaluru for the alleged offences punishable under Section 506, 504, 323 read with Section 34 of the IPC registered by the Respondent Police Station in Crime No.458/2023 dated 23.12.2023." 2. Heard learned counsel for the parties and perused the material on record. 3. A perusal of the material on record will indicate that there are several disputes/litigations between the petitioners and - 3 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 respondent No.2-complainant. In the first instance, the respondent No.2 filed a complaint dated 31.12.2022, which was registered as an FIR in Crime No.426/2022 against the petitioner No.1 for the alleged offences punishable under Sections 506, 504, 420, 313 and 417 of IPC. After investigation, the said compliant culminated in a 'B' Report dated 20.01.2023 filed by the respondent No.1- Police Authorities. 4. Subsequently, the petitioner No.1 filed a complaint against respondent No.2, which was registered as an FIR in Crime No.452/2023 dated 22.12.2023 for the offences punishable under Sections 341, 448, 504 and 506 of IPC and the charge sheet having been filed in the said proceedings, C.C.No.14281/2024 is pending before the XXXI Additional Chief Judicial Magistrate Bengaluru, Subsequently, on 23.12.2023, the respondent No.2 filed the present complaint, which is registered as an FIR in Crime No.458/2023 against the petitioners for the offences punishable under Sections 323, 420, 504, 506 and 34 of IPC pursuant to which, a charge sheet in C.C.No.34816/2024 is pending before the VIII Additional Chief Metropolitan Magistrate, Bengaluru. - 4 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 5. In this context, it is relevant to state that while filing the charge sheet, invocation of Section 420 of IPC has been dropped by the respondent No.1 - police authorities and the proceedings are pending only in relation to Sections 506, 504, 323 read with 34 of IPC. It is relevant to state that there are civil proceedings in O.S.No.8510/2023 filed by the petitioner No.1-plaintiff against the respondent No.2 - defendant for permanent injunction and other reliefs, which is pending before the City Civil Court, Bengaluru filed on 29.12.2023. 6. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that the parties have amicably settled the disputes amongst themselves and both the proceedings in CC.No.14281/2024 pending as against respondent No.2 and the proceedings in C.C.No.34816/2024 pending against the petitioners may be quashed in view of amicable settlement arrived at between the parties. It is also jointly submitted that upon quashment of the proceedings by the petitioners and respondent No.2 against each other, the parties would file a joint memo/compromise petition in O.S.No.8510/2023 reporting amicable settlement of the dispute before the City Civil Court also. It is also submitted that in the said compromise petition, the parties - 5 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 would agree for deletion of the links available online in respect of which there was a dispute between the parties. 7. In view of the aforesaid facts and circumstances, the reporting of amicable settlement arrived at between the petitioners and respondent No.2, I deem it just and appropriate to dispose of the petition by quashing the proceedings in C.C.No.14281/2024 as well as C.C.No.34816/2024 and issue further direction in this regard. 8. In the result, the following: ORDER i. The petition is hereby disposed of in terms of the settlement arrived at between the petitioners and respondent No.2. ii. The proceedings in C.C.No.14281/2024 pending against respondent No.2 on the file of the XXXI Additional Chief Judicial Magistrate, Bengaluru are hereby quashed. iii. So also the proceedings in C.C.No.34816/2024 pending against the petitioners before the VIII Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed. - 6 - NC: 2025:KHC:8750 CRL.P No. 12597 of 2024 iv. The petitioners and respondent No.2 are directed to file a joint memo/compromise petition in O.S.No.8510/2023 reporting settlement between the parties and get the said matter closed as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB