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2025 DAILYLAW 55443 (KAR)

SRI.NAGARAJU D.V. v. STATE OF KARNATAKA

CRL.P/8074/2025 · 2025-07-22

S R Krishna Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8074 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI.NAGARAJU D.V., S/O VENKATPPA, AGED ABOUT 38 YEARS, R/AT DASAPPANAPALYA I D HALLI, MADHUGIRI, BRAMHASAMUDRA TUMAKURU – 572 124 …PETITIONER (BY SRI. VIVEK N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADHUGIRI POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE – 560 001. 2. SMT. HARSHIKA L., W/O SRI NAGARAJU D. V., AGED ABOUT 23 YEARS, PRESENTLY R/AT DASAPPANAPALYA I D HALLI, MADHUGIRI, BRAMHASAMUDRA, TUMAKURU – 572 124 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. VIRUPAKSHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN S.C NO.5030/2024 (IN CONNECTION WITH CR.NO.51/2024) OF MADHUGIRI P.S, TUMAKURU, REGISTERED AGAINST THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 PETITIONER FOR THE COMMISSIONS OF ALLEGED OFFENCE PUNISHABLE UNDER SECTION 366, 343, 464, 376(2)(N), 506, 471 OF IPC PENDING ON THE FILE OF IV ADDL. DIST. AND SESSIONS JUDGE, MADUGIRI, TUMAKURU. 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 seeks the following reliefs: “A. Allow this Petition and quash the entire charge sheet in SC No.5030/2024 (in connection with Crime No.51/2024) of Madhugiri PS, Tumakuru, registered against the petitioner for the commission of. alleged offences punishable U/Secs. 366, 343, 464, 376(2)(n), 506, 471 of IPC pending on the file of IV Addl. District & Sessions Judge, Madugiri, Tumakuru. B. Such further or other reliefs be granted to which the Petitioners would be found entitled to on the facts and circumstances of the case.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Compromise Petition along with affidavits of petitioner and respondent No.2 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Compromise Petition duly filed along with affidavits of petitioner and respondent No.2, which reads as under:- “Reporting Of Compromise Petition For the reasons stated herein the under signed parties are reporting compromise since they have settled the matter by resolving their differences out of the court, the respondent no.2 being the complainant does not want to prosecute the case against the accused/petitioner, and hereby withdraws all the allegations made against the petitioner. Further, both complainant/respondent No.2 & accused/petitioner have appeared before the family court & have settled/compromised the matter. Since separate affidavits of complainant as well as accused are sworn in along with this report of settlement. Hence the criminal petition may kindly be allowed by quashing the entire proceedings initiated against the petitioner/accused in S.C.No. 5030/2024, pending on the file of IV Addl.Disrict & Sessions Judge Tumakuru, Sitting at Madhugiri, in the interest of justice. Affidavit of Petitioner I, Sri. Nagaraju D.V S/o Venkatappa, Age: 38 Years, Occu: painter, R/o Dasppanapalya, L.D.Halli Hobli, Madhugiri Taluk, Brahmasamudra Village, Tumakuru District. Today at Bengaluru do hereby state on oath as under: - 4 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 1. I am the petitioner in the above captioned petition; I know the facts of the case. Hence I am swearing to this affidavit. 2. I state that, I have filed the above criminal petition being aggrieved by the taking of cognizance by the trail court on the basis of charge sheet filed by the respondent No.1 police for the offences punishable U/s 366, 343, 464, 376(2)(n), 506, 471 against me pending before IV Addl. District & Sessions Judge, Tumakuru sitting at Madhugiri, on the complaint filed by the respondent No.2/my wife. 3. 1 state that, myself and the respondent No.2/my wife on intervention of the elders, relatives and well wishers, have settled the disputes among ourselves and in furtherance of the same we are living together as husband & wife happily, by foregoing the past incident and by restoring marital obligations. 4. I state that in view of issue being resolved; now the respondent No.2/wife does not want to prosecute the case against me as we are cordial to each other. The Respondent No.2 also withdraws all the allegations made against me in the complaint. 5. I state that 1 & my wife respondent No.2 having appeared before the family court have settled the matter by filing joint memo and thereby the respondent No.2 herein has withdrew her petition filed U/s 12(1) Hindu Marriage Act in M.C.No.75/2024. - 5 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 6. I state that since entire allegations in the complaint resolves around the family issue, which is resolved now & further myself & the 2nd respondent herein are living happily as husband & wife, in the interest of both the parties & to protect the marriage institution, I respectfully pray that this Hon'ble court be pleased to allow the accompanying compromise petition and may be pleased to permit us to compromise the issue by quashing entire proceedings thereby acquitting me & petitioner No.2, in the ends of justice. What is stated above is true and correct to the best of my knowledge, information and belief. Affidavit of Respondent No.2 1. Smt. Harshika.L., W/o Nagaraju D.V. Age: 23 Years, Occu: house wife, R/o Dasppanapalya, 1.D. Halli Hobli, Madhugiri Taluk, Brahmasamudra Village, Tumakuru District. Today at Bengaluru do hereby state on oath as under: 1. I am the respondent No.2 in the above captioned petition; I know the facts of the case. Hence I am swearing to this affidavit. 2. I state that, the petitioner/my husband filed the above criminal petition being aggrieved by the taking of cognizance by the trail court on the basis of charge sheet filed by the respondent No.1 police for the offences punishable U/s 366, 343, 464, 376(2)(n), 506, 471 against - 6 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 him pending before IV Addl. District & Sessions Judge, Tumakuru sitting at Madhugiri in SC No.5030/2024. 3. I state that, myself and the petitioner /my husband on intervention of the elders, relatives and well wishers, have settled the issue and in furtherance of the same we are living together as husband & wife happily, by forgoing the past incident and by restoring marital obligations. 4. I state that in view of issue being resolved; now I don't want prosecute the case against petitioner as we are cordial to each other. I hereby withdraw all the allegations made against the petitioner in my complaint. 5. I state that I & my husband petitioner having appeared before the family court have settled the matter before Lok Adalat by filing joint memo and thereby I withdrew my petition filed U/s 12(1) Hindu Marriage Act in M.C.No.75/2024. 6. I state that since entire allegations in the complaint resolves around the family issue, which is resolved now & further myself & the petitioner herein are living happily as husband & wife, in the interest of both the parties & to protect the marriage institution, I respectfully pray that this Hon'ble court be pleased to allow the accompanying compromise petition and may be pleased to permit us to compromise the issue by quashing entire proceedings thereby acquitting the petitioner, in the ends of justice. What is stated above is true and correct to the best of my knowledge, information and belief.” - 7 - HC-KAR NC: 2025:KHC:27710 CRL.P No. 8074 of 2025 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Compromise petition duly filed along with affidavits dated 22.07.2025. (ii) The proceedings in S.C.No.5030/2024 (arising out of Crime No.51/2024 of 1st respondent – Police) registered for the offences punishable under Sections 366, 343, 464, 376(2)(n), 506 and 471 of IPC pending on the file of IV Additional District and Sessions Judge, Madugiri, Tumakuru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 13