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2025 DAILYLAW 56142 (KAR)

SRI DADAPEER H v. THE STATE OF KARNATAKA

CRL.P/332/2024 · 2025-07-14

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 332 OF 2024 BETWEEN: SRI. DADAPEER H. S/O HUSEN SAB AGED ABOUT 38 YEARS AGRICULTURIST RESIDING AT HIDAYATHPURA VILLAGE CHITRADURGA TALUK KARNATAKA - 577520 …PETITIONER (BY SRI. CHANDRA L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP CHITRADURGA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001 2. MR. S. KUMARA S/O SHIVANNA AGED ABOUT 35 YEARS R/AT HALIYURU VILLAGE CHITRADURGA TALUK, KARNATAKA - 577520 …RESPONDENTS (BY SRI. CHENNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SMT. SPARSH SHETTY, ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.477/2023 REGISTERED AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 SECTIONS 406, 420 OF IPC FILED BY THE 1ST RESPONDENT CHITRADURGA RURAL P.S., AT ANNEXURE-A, PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, CHITRADURGA DISTRICT, CHITRADURGA. 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 petitioner seeks the following reliefs:- a) Quash the FIR in CR.NO.477/2023 registered against the Petitioner for the alleged offences punishable under Sections 406, 420 of IPC filed by the 1st respondent Chitradurga Rural PS at Annexure-A pending on the file 1st Additional Civil Judge (Jr. Dn.) & JMFC Court, Chitradurga District, Chitradurga, in the interest of justice and equity. b) Grant such other relief/reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity. 2. Learned counsel for the petitioner – accused No.1 and learned counsel for respondent No.2 – complainant have filed a - 3 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 Joint Affidavit duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. 3. Learned counsel for respondent No.2 has also filed an application (I.A.No.1/2025) under Section 320 of Cr.P.C. to permit the respondent No.2 to compound the case. The same reads as follows: "APPLICATION UNDER SECTION 320 CRPC That for the reasons as stated in the accompanying joint Affidavit the Respondent No.2 prays that this Hon'ble court may kindly be pleased to permit him to compound the case and consequently quash the FIR in Cr.No.477/2023 registered by the 1st Respondent Chitradurga Rural Police station for the offences punishable under Sections 406, 420 IPC pending on the file of I Additional Civil Judge (Jr. Dn.) & JMFC Court, Chitradurga District, Chitradurga against the petitioner, in the interest of justice and equity." 4. Petitioner – accused No.1 and his counsel and respondent No.2-complainant and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- "JOINT AFFIDAVIT I, S. Kumara, S/o. Sri. Shivanna, aged about 35 years, residing at Haliyuru Village, Chitradurga Taluk, - 4 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 Karnataka-577520, today at Bangalore do hereby solemnly affirm and state on oath as follows: 1. I state that Petitioner herein along with myself i.e. Respondent NO.2 are filing this joint Affidavit as follows. 2. I state that the Petitioner has approached this Hon'ble Court, questioning the validity and correctness of the acts of the Respondent No 1 Police in registration of FIR in Cr No. 477/2023 registered at Chitradurga Rural Police Station for the offences punishable under Section 406, 420 IPC pending on the file of I Additional Civil Judge (Jr. Dn) & JMFC Court, Chitradurga District, Chitradurga seeking quashing of the same and all further proceedings arising thereto. 3. That during the pendency of the same, at the intervention of well wishers and family members of both the Petitioner and the Respondent No.2 herein, we have decided to amicably settled the matter. 4. I state that in terms of the amicable settlement, the Petitioner herein has paid total sum of Rs.1,00,000/- (Rs. One Lakh Only) by virtue of Demand Draft dated 10.07.2025 bearing No. 815886 drawn in favor of Mr. Kumara S i.e the Respondent No.2 herein. Copy of the Demand Draft dated 10.072025 is herewith produced for kind perusal of this Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 5. Thus, as stated supra, the Respondent No.2 has received total sum of Rs. 1,00,000/-(Rs. One Lakh Only) towards the full and final settlement amount in the form of compensation. 6. I undertake that neither myself, i.e Respondent No.2 or any of my family members would not file any other case or claim or initiate any proceedings against the Petitioner herein, in respect of the subject matter. 7. I state that I have no objection to the case being compounded and consequently quashed as I have amicably settled after receiving a sum of Rs.1,00,000/- (Rs. One Lakh Only) as full and final settlement amount in the form of compensation. WHEREFORE, having settled the matter the Petitioner and I myself, pray that this Hon'ble Court may be pleased to permit us to compound the instant case and consequently quash the FIR and all further proceedings in Cr No. 477/2023 registered at the Chitradurga Rural Police station for the offences punishable under section 406, 420 IPC pending on the file of I Additional Civil Judge (Jr. Dn) & JMFC Court, Chitradurga District, Chitradurga against the Petitioner in the interest of justice and equity." 5. The application (I.A.No.1/2025) and the Joint Affidavit are accepted and the same are placed on record. The application - 6 - HC-KAR NC: 2025:KHC:25878 CRL.P No. 332 of 2024 (I.A.No.1/2025) is allowed. The respondent No.2 is permitted to compound the case as per the Joint Affidavit. 6. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 14.07.2025. (ii) The FIR in Crime No.477/2023 registered by respondent No.1/Chitradurga Rural Police Station, for the offences punishable under Sections 406, 420 of IPC, pending on the file of the I Additional Civil Judge (Jr. Dvn.) and JMFC Court, Chitradurga District, Chitradurga, insofar as the petitioner is concerned, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR List No.: 3 Sl No.: 2