VENKATARAMANA T. S/O. SHESHAPPA T v. THE STATE OF KARNATAKA
CRL.P/103043/2025 · 2025-10-14
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49760 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49760 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13799 CRL.P No. 103043 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103043 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
VENKATARAMANA T. S/O. SHESHAPPA T., AGE. 54 YEARS, OCC. GOVERNMENT EMPLOYEE KEB, R/O. KEB COLONY, KEB OFFICER, SIRUGUPPA TOWN, BALLARY ROAD, T/Q. SIRUGUPPA AND DIST. BALLARI-583121. &PETITIONER (BY SRI. AVINASH M.ANGADI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, THROUGH SIRUGUPPA POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.
2.
SMT. GANGAMMA AB W/O. BASAVARAJA ANNI, AGE. 55 YEARS, OCC. HOUSEWIFE, R/O. MORIGERI VILLAGE, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA-583212. &RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI. MAHANTESH HIREMATH, ADV. FOR R2 (VK FILED))
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:13799 CRL.P No. 103043 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CC NO.916/2025 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, SIRUGUPPA, BALLARY ARISING OUT OF COMPLAINT, FIR IN CRIME NO.0097/2024 AND CHARGESHEET NO.45/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 287, 304(A) OF IPC AND ALL FURTHER PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE PETITIONER HEREIN, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
Learned counsel for the respective parties have filed the application under Section 359 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. The averments of the said application are as follows:
<APPLICATION UNDER SECTION 359 R/W SECTION 528 OF BNSS. It is submitted that the Petitioner and Respondent No.02 are most humbly submits as under,
1. The Petitioner has filed this petition seeking to quash the entire proceedings in CC No. 916/2025 pending on the file of the Hon'ble Civil Judge & JMFC Court, Siruguppa, Ballary arising out of complaint, FIR in Crime No. 0097/2024 and Chargesheet No. 45/2025 for alleged offences punishable under sections 287, 338, 304(A) of IPC
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HC-KAR NC: 2025:KHC-D:13799 CRL.P No. 103043 of 2025
2. It is further submitted that Respondent No.02/Defacto Complaint, victim and Petitioner/Accused No.02 are known to each other from last 01 years. Therefore, the parties approached the elders of the society and family members regarding the alleged crime. Consequently, the allegations made against the Petitioner have been resolved between parties, the Respondent no 02 and Victim without proper knowledge of alleged incident made out a present criminal case. 3. That during the pendency of these proceedings the Respondent No.02/Defacto Complaint, victim and Petitioner/Accused No.02 have amicably settled the matter. Now, the Respondent No.2, Victim hereby withdraw all the allegations made against Petitioner and have no objection to quash the entire proceedings in CC No. 916/2025 pending on the file of the Hon'ble Civil Judge & JMFC Court, Siruguppa, Ballary arising out of complaint, FIR in Crime No. 0097/2024 and Chargesheet No. 45/2025 for alleged offences punishable under sections 287, 338, 304(A) of IPC. The Petitioner and the Respondent No.2 have undertaken to put an end to this case in the interest of victim. 4. It is submitted that Respondent No. 02 first informant and Victim is not interested prosecute the case against the Petitioner, Hence both the parties are voluntarily ready to end the disputes. 5. It is submitted that if this application is allowed, no loss or harm will be caused to Respondent No. 01. If the same denied, the parties will face untold hardship and injury which cannot be compensated in terms of money. 6.
The Accused No.02/Petitioner and Respondent No.02, Victim request leave to urge such other grounds as would be available at the time of hearing of the above petition.=
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HC-KAR NC: 2025:KHC-D:13799 CRL.P No. 103043 of 2025
In view of the settlement arrived at between the parties, there is no embargo on this Court to record the compromise. Hence, I proceed to pass the following:
ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in C.C. No.916/2025 on the file of Civil Judge and JMFC Court, Siruguppa, Ballary arising out of Crime No.97/2024, are hereby quashed. iii) The petitioner/accused No.2 is acquitted for the offence punishable under Sections 287 and 304(A) of Indian Penal Code, 1860. iii) The bail bonds executed against him stands cancelled. iv) In view of the disposal of the main petition, pending I.As, if any, are disposed of.
Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 1 Sl No.: 14