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2025 DAILYLAW 74541 (KAR)

SUDHA H v. STATE OF KARNATAKA

WP/28082/2024 · 2025-07-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28082 OF 2024 (GM-RES) BETWEEN: 1. SUDHA H WIFE OF HALLESHAPPA, AGED ABOUT 44 YEARS, RESIDING AT NO. 202, THUPPADAHALLI, CHITRADURGA-577 539. 2. VIJAYAMMA. E W/O BASAVARAJAPPA, AGED ABOUT 40 YEARS, RESIDING AT HOLALKERE, VISHWANATHANAHALLI, CHITRADURGA - 577 526. …PETITIONERS (BY SRI. ROHAN TIGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR, CHITRADURGA RURAL POLICE STATION CHITRADURGA (AMENDED VIDE ORDER DATED: 09.07.2025) REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MALLESH FATHER UNKNOWN, AGED ABOUT 45 YEARS, CHILD DEVELOPMENT PROTECTION OFFICER, CHANAGIRI ROAD, HARIKRISHNA BUILDING, HOLALKERE, CHITRADURGA, KARNATAKA – 577 526. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. SHIVANANDA.R, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITITON OF INDIA R/W SECTION 528 OF BNSS, PRAYING TO CALL FOR THE RECORDS OF THE FIR IN CHRITRADURGA RURAL POLICE STATION CRIME NO. 0337 OF 2024 REGISTERED BY THE R-1 AND ALLOW THE WRIT PETITION BY QUASHING THE FIRST INFORMATION REPORT IN CHRITRADURGA RURAL POLICE STATION CRIME NO. 337 OF 2024 (ANNX-A) AND THE COMPLAINT DTD. 30.08.2024 (ANNX-B) FOR OFFENCES UNDER SECTIONS 318(4) AND 336(3) OF THE BHARATIYA NYAYA SANHITA (BNS) READ WITH SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND PDS CONTROLLING ORDER 1992 AND PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE (Jr. Dn.) AND JMFC CHITRADURGA DISTRICT, CHITRADURGA, IN SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “a. Call for the records of the FIR in Chitradurga Rural Police Station Crime No. 0337 of 2024 registered by the 1st Respondent; b. Allow the writ petition by quashing the First Information Report in Chitradurga Rural Police Station Crime No. 337 of 2024 (Annexure "A") and complaint dated 30/08/2024 (Annexure "B") for offences under Sections 318(4) and 336(3) of the Bharatiya Nyaya Sanhita (BNS) read with Sections 3 and 7 of the Essential - 3 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 Commodities Act, 1955 and PDS Controlling Order 1992 and all further proceedings pending on the file of 1st Additional Civil Judge (Jr. Dn.) & JMFC Chitradurga District, Chitradurga. c. Pass any other order that this Hon'ble Court may deem fit in the interests of justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint compromise petition duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 2 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint compromise petition, which reads as under:- “JOINT COMPROMISE PETITION UNDRE ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURKASHA SANHITA BY WAY OF AFFIDAVIT We, Sudha H, wife of Haleshappa, aged about 45 years, residing at No. 202, Thuppadahalli, Chitradurga - 577 539, presently at Bangalore, the Petitioner No.1 herein ('Deponent No 1’), Vijayamma E, wife of Basavarajappa, aged about 40 years, residing at Holalkere, Vishwanathanahalli, Chtiradurga- - 4 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 577 526, presently at Bangalore, the Petitioner No.2 herein ('Deponent No.2') and Mallesh, aged about 47 years, working as Child Development Protection Officer, Chanagiri Road, Harikrishna Building, Holalkere, Chitradurga, Karnataka, 2nd Respondent and de-facto complainant, presently at Bangalore ('Deponent No.3') do hereby solemnly affirm and state en oath as under: 1) We state that, Deponent No.1 and Deponent No.2 are Petitioners before this Hon'ble Court. Deponent No.3 is Respondent No.2 before this Hon'ble Court. All of us are aware of the facts and circumstances of the case. Hence, we are competent to swear this joint affidavit. 2) We state that the present writ petition has been filed seeking quashing of the first information report in Chitradurga Rural Police Station Crime No. 337 of 2024 (Annexure "A", writ petition) and complaint dated 30/08/2024 (Annexure “B", writ petition) for offences under Section 318(4) and 336(3) of the Bharatiya Nyaya Sanhita (BNS) read with Section 3 and 7 of the Essential Commodities Act, 1955 and PDS Controlling Order 1992 pending on the file of 1st Additional Civil Judge (Jr. Dn.) & JMFC Chitradurga District, Chitradurga. 3) We state that, the 2nd Respondent had lodged complaint in Chitradurga Rural Police Station Crime No. 337 of 2824 based en information received by the lorry association regarding transportation of rice in truck TN 70 V 2730. The Petitioners to the writ petition submitted a detailed representation regarding the incident to the Respondent State in May 2005. On perusal of the records and seeking further instructions from the Department of Women and Child - 5 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 Development, the 2nd Respondent learnt that the MSPCs are permitted to outsource processing of rice, wheat and raw materials to third parties under circular dated 29/02/2024. Further, there was no discrepancy in the quality of rice supplied. Hence, the entire case came to be lodged due to wrong information received by the 2nd Respondent 4) On 17/06/2025, the Director, DWCD has issued a letter permitting concerned officials to take steps to close the case if no harm caused to Anganwadi beneficiaries, the rice was transported as per rules, there was no misuse of rice and no discrepancy in quality of rice. Since all the conditions are fulfilled, the present joint affidavit is being filed herein to seek quashing of the proceedings in Chitradurga Rural Police Station Crime No. 337 of 2024 lodged for offences under Section 318(4) and 336[3] of the Bharatiya Nyaya Sanhita (BNS) read with Section 3 and 7 of the Essential Commodities Act, 1955 and PDS Controlling Order 1992 pending on the file of 1st Additional Civil Judge (Jr. Dn.) & JMFC Chitradurga District, Chitradurga. A copy of the letter is produced as Document No. 1 to this joint compromise petition by way of joint affidavit. 5) We state that offences alleged in the subject crime are not grievous and are in line with circular dated 29/02/2024 permitting MSPCs to outsource rice and other raw materials for processing to prepare food for Anganwadi beneficiaries, In fact, none of the provisions cited in the FIR are attracted to the present case. - 6 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 6) We state that, each of us have executed this joint compromise petition after seeking proper legal advice and out of our own free will and volition. 7) We state that the aadhar cards of each of the Deponents is enclosed with this joint compromise petition for the purpose of identification. The Aadhar Cards are produced as Document No 2, Document No 3 and Document No. 4 to the compromise petition Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to take this joint affidavit on record and quash proceedings in the file 1st Additional Civil Judge (Jr. Dn.) & JMFC Chitradurga District, Chitradurga in Chitradurga Rural Police Station Crime No. 337 of 2024 lodged for offences under Section 318(4) and 336(3) of the Bharatiya Nyaya Sanhita ('BNS) read with Section 3 and 7 of the Essential Commodities Act, 1955 and PDS Controlling Order 1992, in the interests of justice” 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 Joint compromise petition dated 09.07.2025. (ii) Further proceedings pursuant to FIR in Crime No.337/2024 registered by the 1st respondent – Police for offences punishable under Sections 318(4) and 336(3) of BNS 2023 and - 7 - HC-KAR NC: 2025:KHC:25532 WP No. 28082 of 2024 Sections 3 and 7 of the Essential Commodities Act, 1955 and PDS Controlling Order, 1992, pending on the file of I Addl. Civil Judge (Jr.Dn) & JMFC, Chitradurga, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.