- 1 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13390 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. SRIKANTH H. R., AGED ABOUT 29 YEARS, S/O. K. H. RANGASWAMY, R/AT. DEVARAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 2. SRI. ANJANEYA G. C., AGED ABOUT 39 YEARS, S/O CHANNAPPA G. C., R/AT. DAGINAKATTE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 3. SRI. NAGARAJAPPA N. V., AGED ABOUT 54 YEARS, S/O. LATE VEENABHADRAPPA, R/AT. KYASINAKERE VILLAGE, HONNALLI TALUK, DAVANAGERE DIST. – 577 213 4. SRI. PARVATHAPPA, AGED ABOUT 73 YEARS, S/O. LATE. KALLAPPA K. B., R/AT. KENAGAPURA VILLAGE, KANIVEBILCHI POST, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 5. SMT. SHRUTHI, AGED ABOUT 32 YEARS, D/O RANGANATH, R/AT. DEVARAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 6. SMT. K. R. DHAKSHAYANAMMA, AGED ABOUT 56 YEARS, W/O. RANGASWAMY, R/AT. DEVARAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 7. SRI. H. J. GANESH, AGED ABOUT 54 YEARS, S/O. LATE. JOGAPPA, R/AT. DEVARAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST. – 577 213 …PETITIONERS (BY SRI. SHASHIDHAR G., ADVOCATE) AND: 1. STATE BY TUNGANAGARA POLICE, SHIVAMOGGA DIST., SHIVAMOGGA – 577 2012. REPT. BY SPP, HIGH COURT, AMBEDKAR VEEDHI, BANGALORE – 560 001 2. SRI. BASAVANAGOWDA B. H., S/O. LATE HALLAPPA AGED ABOUT 64 YEARS, R/AT. C BLOCK DOOR, NO.53, 2ND MAIN ROAD, 6TH CROSS, GOPALA GOWDA BADAVANE, SHIVAMOGGA – 577 201 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SRI. PARVAIAH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.429/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION OF STATE BY TUNGANAGANA POLICE WHICH IS PENDING FOR THE TRIAL IN C.C.NO.5399/2022 ON THE FILE OF THE V ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC-3 COURT SHIVAMOGGA DISTRICT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 ORAL ORDER In this petition, petitioner has sought for the following relief:- “ a) To quash the Charge Sheet in Crime No.429/2021 for the offences punishable under Sections 109, 143, 149, 323, 354(b), 504, 506 of IPC of State by Tunganagara Police which is pending for trial in C.C.No.5399/2022 on the file of the Additional Civil Judge (Jr.Dn) and JMFC-3 Court Shivamogga District. b) To quash the entire proceedings in C.C.No.5399/2022 for the offences punishable under Sections 109, 143, 149, 323, 354(b), 504, 506 of IPC on the file of the V Additional Civil Judge and JMFC Court Shivamogga District. c) And to pass such other order/s as this Hon’ble Court may deem fit to grant in the circumstances of the case and in the interests of justice.” 2. Learned counsel for the petitioner No.5 – accused No.5 and learned counsel for 2nd respondent – complainant have filed a Joint Memo and Affidavit, duly signed by the petitioner No.5, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner Nos.1 and 5 – accused Nos.1 and 5, respondent No.2 and their counsel are physically present before the Court and submits that personal appearance of petitioner - 4 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 Nos.2, 3, 6 and 7 may be exempted and they admit the contents of the Joint Memo and Affidavit, which reads as under:- “JOINT MEMO The Petitioner No.5 and Respondent No.2 submits before this Hon'ble court that the Petitioner No.5 and Respondent No.2 that the Respondent No.2 is the complainant in Crime No. 429/2021 of Tunganagara P.S., Shivamogga, registered for the offences punishable under Section 354(b), 109, 506, 504, 143, 149 448, 323 of IPC and the Petitioner No.5 is the Complainant in Crime No. 1/2022 of Womens Police Station, Shivamogga registered for the offences punishable under Sec. 498(a), 504, 323, 354, 325, 114, 149, r/w Sec. 3 and 4 of D.P. Act and both the parties have come to a settlement out of the court, with the intervention of elders and well wishers of both sides. Hence, the Hon'ble court may be pleased to take the joint memo on record and to allow the petition in the interest of justice. AFFIDAVIT We, (1) Shruthi w/o Late B.B.Girish, aged about 35 years, r/at Shruthi nilaya, C-Block, 2nd Main, 6th Cross, Shivamogga City, Karnataka, Pin Code No. 577205, and Basavanagowda B.H. s/o late Halappa, aged about 64 years, r/at C-Block, No.53, 2nd main Road, 6th Cross, Gopalagowda Extension, Shivamogga -577205, both are now at Bengaluru do hereby solemnly affirm and state on oath as follows:- - 5 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 1. We state that we are daughter-in-law and father-in-law in relation and we are well conversent with the facts and circumstances of the case and accordingly we are swearing to contents of this affidavit. 2. We submit that, we have filed the case against each other before the jurisdictional police and the Jurisdictional Police have filed the charge-sheet before the concerned Jurisdictional Magistrate. 3. We submit that, with the intervention of elders and well wishers we have settled the matter out of the court and we request this Hon'ble court to dispose the matter accordingly. Wherefore, we prayed for necessary orders as prayed in the application in the interest of justice. We the deponents, do hereby declare that what is stated above are true and correct to the best of our knowledge, belief and information. We swear accordingly.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo and Affidavit dated 18.06.2025. - 6 - HC-KAR NC: 2025:KHC:21480 CRL.P No. 13390 of 2024 (ii) The proceedings in C.C.No.5399/2022 (arising out of Crime No.429/2021 of 1st respondent – Police) registered for the offences punishable under Sections 109, 143, 149, 323, 354(b), 504, 506 of IPC pending on the file of V Additional Civil Judge and JMFC Court, Shivamogga District, insofar as the petitioners is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 3