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2025 DAILYLAW 71433 (KAR)

SRI. M. PRATHAP v. STATE OF KARNATAKA

CRL.P/10275/2025 · 2025-07-25

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10275 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. M. PRATHAP S/O. LATE MUNIRATHNAM, AGED ABOUT 44 YEARS, NOW R/AT NO. 128, KARIYANAPALYA, LINGARAJAPURAM, BANGALORE-560 084. 2. SMT. GEETHA D/O. MUNIRATHNAM, W/O. JAIKUMAR, AGED ABOUT 38 YEARS, NOW R/AT NO. 126, 1ST CROSS, KARIYANAPALYA, LINGARAJAPURAM, BANGALORE-560 084. 3. SMT. DEVIKA @ DEVAKI W/O. MUNIRATHNAM, AGED ABOUT 65 YEARS, NOW R/AT NO. 126, 1ST CROSS, KARIYANAPALYA, LINGARAJAPURAM, BANGALORE-560 084. 4. SMT. KOMALA. M W/O. VINOD BABU, AGED ABOUT 44 YEARS, NOW R/AT NO. 65, 3RD CROSS, T.G. LAYOUT, BANASHANKARI 3RD STAGE, HOSAKEREHALLI, BANGALORE-560 085. …PETITIONERS (BY SRI. MURALI M, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 AND: 1. STATE OF KARNATAKA BY BANASAWADI POLICE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. SUNANDA W/O. KRISHNAMURTHY, AGED ABOUT 62 YEARS, R/AT NO. 9, KALAHALLY, BANGALORE-560 042. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. MUNISHAMI GOWDA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.51764/2014, NOW PENDING BEFORE HONORABLE XI ADDL. CJM, BENGALURU, FOR THE OFFENCES P/U/S. 341, 323, 324, 354, 427 R/W 34 OF IPC, VIDE ANNEXURE-A WHICH IS REGISTERED ON THE BASIS COMPLAINT FILED BY RESPONDENT NO.2. 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, petitioners seek for the following reliefs. “ a) Call for records in CC No.51764/2014, pending before Hon’ble XI ACMM, Bengaluru. b) Quash the entire proceedings against the petitioners in CC No.51764/2014, now pending before Hon’ble XI Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable U/s 341, 323, 324, 354, 427 R/w - 3 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 34 of IPC, vide Annexure-A, which is registered on the basis complaint filed by respondent NO.2, and c) Issue such other order/s as deemed fit in the circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1, 2, 3 and 4 and learned counsel for 2nd respondent – complainant have filed an application I.A.1/2025 along with Affidavit of respondent No.2 duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1, 2, 3 and 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.1/2025 along with Affidavit of respondent No.2, which reads as under:- “APPLICATION UNDER SECTION 320(6) OF CODE OFCRIMINAL PROCEDURE R/W SECTION 482 OF Cr.P.C: The petitioners named above respectfully submits as here under: 1) The petitioners herein preferred above petition to quash the criminal proceedings against them in CC No.51764/2014, pending before 11th ACJM, Bengaluru for the offences punishable under Sections 341, 323, 324, - 4 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 354, 427, R/w 34 of Indian Penal Code and therefore seeking indulgence of this Hon'ble Court. 2) It is submitted that, petitioner No.2 is wife of complainant son namely Jai Kumar and other petitioners are family members of petitioner No.2. It is submitted that due to some matrimonial disputes and in a friction, respondent No.2 filed complaint against petitioners. 3) It is submitted that, at the intervention of elders and well wishers the disputes between petitioners and respondent No.2 were resolved and they are living happily and did not pursue the criminal case filed by respondent No.2, but the police have filed charge sheet and now proclamation is issued against the petitioners. 4) It is submitted that, in view of settlement, the criminal proceedings does not survive and as the disputes are settled, both the parties are not interested in prosecuting the criminal cases and also not interested in continue of the litigations. 5) It is submitted that, the offences are compoundable in nature against the petitioners and hence seeking indulgence of this Hon'ble Court to quash the proceedings, since the petitioners are shown as abscond from the date of registration of criminal case and now the proclamation is issued. It is submitted that no public Interest or property will be affected if the proceedings were quashed. It is submitted that if the application is not allowed the parties - 5 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 will be put to great hardship and injury and the purpose of mediation/settlement will be vitiated. Wherefore, the petitioners and respondent No.2, prays that, this Hon'ble Court may be pleased to permit them to compound the offences and quash the entire proceedings against petitioners, in CC No.51764/2014, which is pending before Hon'ble 11th ACJM, Bengaluru, in the interest of justice and equity. AFFIDAVIT I, SUNANDA, W/o Krishnamurthy, Aged about 62 years, R/at No.9, Kalahally, Bangalore-42, do hereby solemnly affirm and state on oath as follows: 1) I am the respondent No.2, in the above petition and hence I am conversant with the facts of the case. The petitioner No.2 is my daughter-in-law and other petitioners are her family members. 2) I state that, the petitioners herein preferred above petition to quash the criminal proceedings against them in CC No.51764/2014, pending before 11th ACJM, Bengaluru. 3) I submit that, myself and petitioner No.2, are family members and due to matrimonial disputes several litigations were cropped up between us and in that process I filed complaint I submit that, based on my complaint the respondent no.1 police have registered case against petitioners and after investigation filed charge sheet against the accused. - 6 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 4) I submit that, at the intervention of elders and well wishers the disputes are resolved and I am not interested in continue of the litigations and prosecute the criminal cases. I submit that the dispute between private parties and no public interest or property involved in the case. 5) I submit that the offences are non compoundable in nature against the petitioners and hence I am seeking indulgence of this Hon'ble Court and hence the criminal complaint filed may be quashed and I am not interested to continue the same and I have no objection to quash the proceedings against the petitioners. Wherefore I prays that this Hon'ble Court may be pleased to quash the entire proceedings, against the petitioners, in CC No.51764/2014, which is pending before Hon'ble XI ACJM Bengaluru, in the interest of justice. I, the deponent, do hereby swear and declare that, what is stated above is true and correct to the best of my knowledge, information and belief.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application I.A.1/2025 along with Affidavit of respondent No.2 all dated 25.07.2025. - 7 - HC-KAR NC: 2025:KHC:28791 CRL.P No. 10275 of 2025 (ii) The proceedings in C.C.No.51764/2014 (arising out of Crime No.119/2012 of 1st respondent – Police) registered for the offences punishable under Sections 341, 323, 324, 354, 427 read with Section 34 of IPC, pending on the file of XI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 3 Sl No.: 7