Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2385 CRL.P No. 103334 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103334 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN:
PRAJWAL LAXMAN TAPASHI, AGE: 19 YEARS, OCC: STUDENT, R/O: LOLKOOR-591 307, GOKAK, TQ: GOKAK, DIST: BELAGAVI.
… PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, CAMP POLICE STATION, (KHADEBAZAR SUB DIVISION) BELAGAVI, RPTD. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD.
2.
SHIVARAJ S/O SATTEPPA SANADI, AGE: 29 YEARS, OCC: ADVOCATE, R/O: HOUSE NO.102, MAHALAKSHMI ARCADE, 2ND CROSS, BHAGYA NAGAR, BELAGAVI-590 001, TQ: AND DIST: BELAGAVI.
… RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.
NO.100/2022 PENDING BEFORE THE V ADDITIONAL CIVIL JUDGE AND JMFC, BELAGAVI FOR THE OFFENCES PUNISHABLE U/S 341, 323, 504, 506 R/W SECTION 34 OF IPC, IN SO FAR AS ACCUSED NO.3/PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:51 +0530
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NC: 2025:KHC-D:2385 CRL.P No. 103334 of 2022
THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner, who has been charge-sheeted for the offences punishable under Sections 341, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’), is before this Court.
2. The case of the prosecution is that when respondent No.2, along with seven other colleagues, was watching a movie at Inox Theatre, Belagavi, some individuals sitting in front were causing a disturbance. At that point, the accused allegedly assaulted, abused, and threatened respondent No.2 with dire consequences.
3. It is pertinent to note that a case was also registered against respondent No.2 and others for the very same offence, which was challenged by respondent No.2 and others before this Court in W.P. No.101719/2022 and the connected petition. In the said proceedings, the accused therein and respondent no.2 herein filed a joint memo stating that they had amicably resolved the dispute among themselves. The petitioners herein have also withdrawn all allegations against respondent No.2 and others.
4. In view of the settlement arrived at between the parties and respondent No.2 having agreed to withdraw all allegations, the
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NC: 2025:KHC-D:2385 CRL.P No. 103334 of 2022
continuation of criminal proceedings against the petitioner herein would amount to an abuse of the process of law.
ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.100/2022 pending on the file of the learned V Addl. Civil Judge and JMFC, Belagavi, is hereby quashed. iii) Pending applications, if any, are disposed of as not surviving for consideration.
The office objection raised on the vakalath filed by the respondent No.2 is overruled.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM CT:BCK List No.: 2 Sl No.: 3