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2025 DAILYLAW 45552 (KAR)

SMT. SIDDAGANGAMMA v. STATE OF KARNATAKA

CRL.P/1934/2025 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1934 OF 2025 BETWEEN: SMT. SIDDAGANGAMMA D/O SRI GANGANNA, AGED ABOUT 49 YEARS, R/O NO.161/2, VADERAHALLI LAYOUT, VIDYARANYAPURA POST, YELAHANKA TALUK, BANGALORE -560097 PH: 7625028829 …PETITIONER (BY SRI. KUMAR N., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH VIDYARANAYAPURA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNTAKA, BANGALORE - 560 001. 2. SRI. VENKATESH REDDY, S/O. SRI. MUNISWAMY REDDY, AGED ABOUT 48 YEARS, LABOURER, NO.12TH C, 1ST CROSS, CHAMUNDESHWARI LAYOUT, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 VIDYARANYAPURA, BANGALORE – 560 097 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; SRI. P. CHANDRASHEKAR, ADVOCATE FOR R2 TO R4) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO I) QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT-VIDHYARANYAPURA POLICE AGAINST THE PETITIONER HEREIN FOR THE OFFENCES P/U/S 118(1), 115(2) AND 322 OF BHARATHIYA NYAYA SANHITA VIDE ANNEXURE-A TO THE CRIMINAL PETITION, NOW PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BANGALORE (CCH-71) 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, petitioner has sought for the following reliefs:- "(i) Allow this Criminal Petition. (ii) Quash the FIR Cr.No.408/2024 registered by the 1st Respondent- Vidhyaranyapura Police against the Petitioner herein for the offences punishable under - 3 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita vide ANNEXURE-A, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) (iii) Quash the Complaint dated 06.10.2024 filed by the second respondent before the first Respondent- Vidhyaranyapura Police against the Petitioner herein for the offences punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita vide ANNEXURE-B, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) (iv) Quash the order of Charge Sheet dated 17.12.2024 filed by the first Respondent- Vidhyaranyapura Police against the Petitioner herein for the offences punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita vide ANNEXURE-C in Cr.No.408/2024, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) (v) Set aside the Order of Cognizance dated 17.12.2024 passed by the learned VII CHIEF JUDICIAL MAGISTRATE AT BENGALURU against the Petitioner herein for the offences punishable under - 4 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita vide ANNEXURE-D in Cr.No.408/2024, to the Criminal Petition, now pending on the file of the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) (vi) Issue order of any other incidental and consequential reliefs as deemed fir by this Hon'ble Court under the circumstances of the case and in aid of main relief sought for." 2. Learned counsel for the petitioner – accused and learned counsel for respondent Nos.2 to 4 have filed I.A.No.1/2025 seeking compounding of the offences against the petitioner, which is duly signed by the petitioner, respondent Nos.2 to 4 and their respective counsel and the same is taken on record. 3. Petitioner – accused and her counsel and counsel for respondent Nos.2 to 4 are physically present before the Court and they admit the contents mentioned in I.A.No.1/2025, which reads as under:- "APPLICATION UNDER SECTION 359 OF THE BHARATHIYA NAGARIK SURAKSHA SANHITHA, 2023 READ WITH SECTION 528 OF BHARATHIYA NAGARIK SURAKSHA SANHITHA, 2023 - 5 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 The Petitioner and the Respondents 2,3 and 4 submit as follows: 1. It is submitted that a case in Crime No.408/2024 is registered by the 1st Respondent-Vidyaranyapura Police against the Petitioner herein for the offences punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita. 2. The Petitioner and the Respondents 2,3 and 4 submits that due to the intervention of the neighbours and well- wishers, the Petitioner and the Respondents 2,3 and 4 and the victims to the incident have entered into compromise voluntarily without there being any coercion, fraud, undue influence played against them and the result of which, the Respondents 2,3 and 4 crave leave of this Hon'ble Court to grant them permission to compound the offences. 3. The Petitioner and the Respondents 2, 3 and 4 submit that the allegation made in the complaint and the charge sheet materials does not establish the fact the petitioner has committed offences punishable under sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita. The medical records of the victim C.W-8 Lakshmamma/ reveals that she has not sustained grievous hurt by dangerous weapons to attract an offence punishable under section 118(1) of BNS where as the offence punishable under section 115(2) and 352 of the B NS are compoundable. - 6 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 4. If the petitioner and the respondent 2,3,4 are permitted to compound the offences, no hardship or prejudice would be caused to the 1st Respondent. On the other hand, if they are not permitted to compound the offences, serious hardship or prejudice would be caused to the Petitioner. Wherefore, the Petitioner and the Respondents 2,3, and 4 most respectfully pray that this Hon'ble Court be pleased to allow this application and permit the Petitioner and the Respondents to compound the offence, in C.C No 42201/2024 now pending on the file of the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita. interest of justice and equity." 4. In view of the aforesaid settlement entered into between the petitioner and respondent Nos.2 to 4, I pass the following: ORDER (i) The petition is disposed of. (ii) The proceedings in C.C.No.42201/2024 pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge, Bangalore (CCH-71), - 7 - NC: 2025:KHC:8185 CRL.P No. 1934 of 2025 insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 64 CT:SNN