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2025 DAILYLAW 75309 (KAR)

SRI PRADEEP KUMAR HEGDE N v. THE STATE OF KARNATAKA

WP/5269/2025 · 2025-08-06

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30663 WP No. 5269 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5269 OF 2025 (GM-RES) BETWEEN: 1. SRI. PRADEEP KUMAR HEGDE .N S/O M. PRABHAKAR HEGDE AGED ABOUT 47 YEARS R/@ MAHALAKSHMI NIVASA JAINARA BADAR HOUSE BAJIRE, BAJAPE, MANGALORE-574142. 2. SRI. K. PRAKASH BHAKTHA S/O K. NARAYANA BHAKTHA AGED ABOUT 64 YEARS R/AT 12-1-113/1, MAHALASA NARAYANI DONGARKERI ROD NEAR VENKATARAMANA TEMPEL KODIYAL BAIL MANGALORE-575003. …PETITIONERS (BY SRI. AKASH B. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY EAST POLICE STATION (KADRI) MAGALORE CITY D.K DISTRICT-575003. REP.BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30663 WP No. 5269 of 2025 DR. B.R AMBEDKAR VEEDHI BANGALORE-560001. 2. SMT. CHETHANA U. SHETTY W/O UMESH SHETTY AGED ABOUT 42 YEARS R/AT 31-3-2513, VYASARAO ROAD KADRI, MANGALORE-575003. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. PAVAN KUMAR, ADVOCATE FOR SRI. SHREENIDHI .L, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 AND THE FIR REGISTERED BEFORE EAST POLICE STATION, MANGALORE CITY IN CRIME NO.0086/2024 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENSES PUNISHABLE UNDER SECTION 149, 143, 447, 504 AND 323 OF INDIAN PENAL CODE, 1860 DATED 29/05/2024 PENDING BEFORE THE FILE OF THE COURT OF THE HONBLE VI-JMFC COURT, MANGALORE CITY, DAKSHINA KANNADA DISTRICT VIDE ANNEXURE - A AND B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioners/accused Nos.1 and 2 to quash the proceedings pending against them in C.C.No.1319/2024 (Crime No.0086/2024 of the respondent/Police) pending on the - 3 - HC-KAR NC: 2025:KHC:30663 WP No. 5269 of 2025 file of the VI JMFC Court, Mangalore City, Dakshina Kannada District for the offences punishable under Section 323, 504 read with Section 34 of IPC. 2. A joint application has been filed under the relevant provisions of law, duly signed by both the petitioners/accused and respondent No.2/complainant, placing on record that the dispute between the parties has been amicably resolved. In the said application, it is stated that respondent No.2/complainant has no subsisting grievance against the petitioners and has voluntarily consented to the compounding of the offences punishable under Sections 323, 504 read with Section 34 of the Indian Penal Code. 3. When queried in open Court, respondent No.2/complainant, who is present and duly identified by her counsel, has affirmed that she has voluntarily entered into the settlement without any coercion or undue influence, and that she has no objection for the offences in - 4 - HC-KAR NC: 2025:KHC:30663 WP No. 5269 of 2025 question being compounded so as to give a quietus to the dispute. 4. Learned Additional State Public Prosecutor, upon perusal of the nature of offences and keeping in mind that the same are compoundable in terms of law, submits that there is no impediment for this Court to permit compounding in the present matter. 5. Having regard to the fact that the dispute is purely personal in nature, arising out of a private altercation between the parties, and in view of the voluntary settlement duly acknowledged by the complainant, this Court is of the considered opinion that allowing the parties to compound the offences would subserve the ends of justice and restore harmony between them. Accordingly, the application filed in I.A.No.3/2025 for compounding of offences is hereby allowed. 6. Consequently, the petition is allowed. In view of the amicable settlement and voluntary consent of - 5 - HC-KAR NC: 2025:KHC:30663 WP No. 5269 of 2025 respondent No.2/complainant, the offences punishable under Sections 323 and 504 read with Section 34 of the Indian Penal Code are hereby permitted to be compounded. Consequently, the criminal proceedings in C.C.No.1319/2024 pending on the file of the VI-JMFC Court, Mangaluru City, Dakshina Kannada District, insofar as the present petitioners/accused are concerned, stand quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 3