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2025 DAILYLAW 46066 (KAR)

KARTHIK @ APPU v. STATE BY MAHADEVPURA P.S.

CRL.P/9378/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26399 CRL.P No. 9378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9378 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. KARTHIK @ APPU S/O RAVIKUMAR, AGED ABOUT 35 YEARS RESIDING AT NO.265, 3RD CROSS, GAJENDRA NAGARA MS NAGAR POST, OLD BAIYAPPANAHALLI BANGALORE – 560 033 2. NAVEEN S., S/O SHANMUGAM, AGED ABOUT 36 YEARS, RESIDING AT 265/A, 8TH CROSS, GAJENDRA NAGAR, MARUTHI SEVANAGAR, BAIYAPPANAHALLI, BENGALURU – 560 033 …PETITIONERS (BY SRI. N. K. AMEENULLA, ADVOCATE) AND: 1. STATE BY MAHADEVPURA P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 2. MR. BHARATH ASHOK M., S/O MANI D. T. AGED ABOUT 38 YEARS RESIDING AT # 184, 1ST MAIN ROAD, 8TH CROSS, ITC COLONY, MARUTHI SEVANAGARA, BANGALORE – 560 033 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. V. VINOD REDDY, ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26399 CRL.P No. 9378 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT AND PROCEEDINGS IN CR.NO.136/2024 NOW S.C.NO.1524/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 307, 324 R/W 34 OF IPC, AGAINST KARTHIK @ APPU AND OTHERS PENDING ON THE FILE OF 20TH ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BANGALORE. 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 relief: “The Petitioner’s most respectfully prays to this Hon’ble Court may kindly be pleased to quash the FIR and Complaint and Proceedings in Cr.No.136/2024 now S.C.No.1524/2024 for the offences punishable U/s 307, 324 R/w 34 of IPC, against Karthik @ appu and others pending on the file of 20th Addl. City Civil and Sessions Judge, Mayohall, at Bengaluru on terms and conditions as this Hon’ble Court deems fit, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit dated 15.07.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:26399 CRL.P No. 9378 of 2025 3. Petitioners – accused Nos.1 and 2, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT 1. We, Karthik @ appu, S/o Ravi Kumar, Aged about 35 years, Residing at no.265, 3rd Cross, Gajendra Nagar, MS Nagar Post, Old Baiyappanahalli, Bengaluru – 560033. Petitioner No.1 2. Naveen S., S/o Shanmugam, Aged about 36 years, Residing at 265/A, 8th Cross, Gajendra Nagar, Maruthi Sevanagar, Baiyappanahalli, Bengaluru – 560 033. Petitioner No.2 3. Mr. Bharathi Ashok M., S/o Mani D.T., Aged about 38 Years, Residing at # 184, 1st Main Road, 8th Cross, ITC Colony, Maruthi Sevanagar, Bangalore – 560 033 Respondent No.2 herein. 4. We stat that, we are the Petitioners and Respondent No.2 in the above case and we know the facts and circumstances of the case. Hence, we are swearing to this Affidavit. 5. We state that, the Criminal case has been filed by Respondent No.2 in Cr.No.136/2024 of Byappanahalli PS now SC.No.1524/2024 for the offences punishable U/s 307, 324 R/w 34 of IPC, against Karthik @ appu & - 4 - HC-KAR NC: 2025:KHC:26399 CRL.P No. 9378 of 2025 another pending on the file of 20th Addl. City Civil and Sessions Judge, Mayohall at Bengaluru. 6. We submit that, the dispute which took place between us have been settled by the well-wishers, Elderly members and family members and now we have amicably settled the dispute and to put an end to this litigation we have approached this Hon’ble Court for the quashing of the proceedings. 7. The settlement has been taken place between private parties and has no impact against the public at large, hence this Hon’ble Court be pleased to interfere and quash the proceedings filed against the Petitioners. 8. We submit that, the continuation of the cases against the Petitioners is nothing but abuse process of law and hence this Hon’ble Court may be pleased to inherent power under Section 482 of Cr.P.C./ 528 of BNSS. It is submitted that with the intervention of the elderly members the petitioners and the complainant have settled this matter themselves. And as per the Judgment of Gian Sing V/s State of Punjab it is between the private parties they have resolved the issue by themselves and has settled the matter. Wherefore, we humbly prays that this Hon’ble Court be pleased to quash the proceedings in Cr.No.136/2024 Byappanahalli P S now SC.No.1184/2024 for the offences punishable U/s 307, 324 R/w 34 of IPC, against Karthik @ appu & another pending on the file of 20th Addl. City Civil and - 5 - HC-KAR NC: 2025:KHC:26399 CRL.P No. 9378 of 2025 Sessions Judge, Mayohall at Bengaluru in the interest of justice and equity. We, the Deponents, herein to declare that this is our names and signatures and the contents of this affidavit, stated above, are true and correct to the best of our knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2 and also the fact that the injuries are simple in nature, there is no impediment to settle the matter, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 15.07.2025. (ii) The proceedings in S.C.No.1524/2024 (arising out of Crime No.136/2024 of 1st respondent – Police), registered for the offences punishable under Sections 307, 324 r/w. Section 34 of IPC, pending on the file of the 20th Addl. City Civil and Sessions Judge, Mayohall, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC