Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3117 CRL.P No. 8632 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8632 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
MANJUNATHA S/O BODESHA AGED ABOUT 28 YEARS KANCHAMARAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT 01 …PETITIONER (BY SRI. PRATHEEP K. C., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP BY HASSAN RURAL POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE 01
2. SAGANAMMA W/O THAMMAIA AGED ABOUT 58 YEARS KANCHAMARAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT 01 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1;
SRI. GIRISH B. BALADARE, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5342/2015 FOR THE OFFENCE P/U/S.506,504,323,354,34 OF IPC PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC HASSAN IN SO FAR AS THE PETITIONER IS CONCERNED.
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:3117 CRL.P No. 8632 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioner seeks for the following reliefs:
"Wherefore the petitioner in the above petition most humbly prays that this Hon'ble Court may be pleased to quash the entire proceedings in C.C.No.5342/2015 for the offence punishable under Section 506, 504, 323, 354, 34 of IPC pending on the file I Addl. Civil Judge (Jr. Div.) and J.M.F.C., Hassan in so far as petitioner is concerned in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned Addl.SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate that on 14.04.2015, Smt. Shivamma, the mother of petitioner - accused No.4 filed a complaint against respondent No.2 herein and others, which was registered as an FIR in Crime No.99/2015 for the offences punishable under Section 427, 341, 506, 504, 323, 114 r/w Section 34 of IPC. Subsequently, respondent No.2 filed a complaint against the petitioner - accused No.4 and others on
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NC: 2025:KHC:3117 CRL.P No. 8632 of 2023
16.04.2015, which was registered as an FIR in Crime No.103/2015 for the offences punishable under Section 506, 504, 323, 354 r/w Section 34 of IPC. Respondent No.1 having filed charge sheets in both the proceedings, the same are pending before the Trial Court in C.C.No.5342/2015 (Crime No.103/2015) and C.C.No.6035/2015 (Crime No.99/2015). Aggrieved by the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 filed by respondent No.2, the petitioner is before this Court by way of the present petition.
4.
Learned counsel for the petitioner as well as 2nd respondent jointly submit that both the case and counter case filed by the parties against each other may be quashed. In this context, it is submitted that apart from quashing the impugned proceedings pending against the petitioner - accused No.4 and other accused persons in C.C.No.5342/2015, the proceedings in C.C.No.6035/2015 filed by the petitioner against 2nd respondent and other accused persons which is the subject matter of Crl.P.No.958/2025 may also be quashed. The said joint submission made by the learned counsel for the petitioner and 2nd respondent is placed on record.
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NC: 2025:KHC:3117 CRL.P No. 8632 of 2023
5. In view of the aforesaid facts and circumstances and joint submission made by both sides, I am of the view that the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 deserve to be quashed.
6. In the result, I pass the following:-
ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1st respondent - Police pending on the file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed. (iii) The submission made by the learned counsel for the petitioner and learned counsel for 2nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015 allowed and the said proceedings quashed is placed on record. Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB/SRL