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2025 DAILYLAW 77801 (KAR)

MR. SANTOSH T.C., v. THE STATE OF KARNATAKA

CRL.P/4562/2023 · 2025-08-30

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4562 OF 2023 BETWEEN: 1. MR. SANTOSH T.C. @ PATEL, AGED ABOUT 42 YEARS, S/O MR. CHOWDEGOWDA, R/AT 652/1, 4TH FLOOR, 2ND BLOCK, NEAR MARIAPPANNAPALYA BUS DEPOT, RAJAJINAGAR, BENGALURU - 560 010. 2. MR. RAMESH G.P., AGED ABOUT 42 YEARS, S/O MR. PUTTASWAMY, R/AT NO.46, 3RD CROSS, 4TH BLOCK, SHAKTI GANAPATHI NAGAR, BENGALURU - 560 079. 3. MR. PRADEEP D.S., AGED ABOUT 37 YEARS, S/O MR. SRINIVASAN R/AT NO.221, GROUND FLOOR, 1ST MAIN ROAD, DOMMALURU, 2ND STAGE, BENGALURU - 07 4. MR. CUCKOO DELHI, AGED ABOUT 47 YEARS, S/O MR. M.M. DELHI, R/AT NO.63, 6TH MAIN ROAD, GIDAPPA BLOCK, GANGANAGAR, BENGALURU - 560 032. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 5. PRITHVIRAJ N.M. S/O. LATE N.M. NAIDU AGED ABOUT 51 YEARS, R/AT NO.114/128, 3RD MAIN ROAD, GANGANAGAR, BENGALURU. 6. R. YETHISH KUMAR, S/O. LATE RAMARKSIHNA AGED ABOUT 55 YEARS, R/AT NO.961/8, 14TH A CROSS, 3RD PHASE, YELAHANKA UPANAGARA, BENGALURU. 7. SRI. V.S. PRADEEP S/O. LATE V.S. SHYAMANNA AGED ABOUT 89 YEARS R/AT NO.119/2, 4TH A CROSS, MAGADI MAIN ROAD, KAMAKSHIPALYA, BENGALURU. …PETITIONERS (BY SRI. SATYANARAYANA CHALKE S., ADVOCATE FOR PETITIONERS NO.1 TO 4) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, KODIGEHALLI POLICE STATION, YELAHANKA SUB-DIVISION, BENGALURU CITY, REPRESENTED BY THE HCGP, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU - 560 001. - 3 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 2. PRAVEEN B S AGED 33 YEARS S/O SRIDHAR. R/A NO.303, UMA DHATRI MEADOWS, 3RD FLOOR, 2ND MAIN, 4TH CROSS, MARUTHI NAGARA, BENGALURU CITY, KARNATAKA - 560 094. …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1 SRI. NAVEEN GUDIKOTE, ADVOCATE FOR R5 TO R7 SRI. MANU R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO 1. CALL FOR THE RECRODS IN C.C.NO.8712/2022 (CRIME NO.107/2021 OF KODIGEHALLI POLICE STATION) PENDING CONSIDERATION ON THE FILE OF THE LEARNED VII ADDL. C.M.M., BENGALURU CITY B. SET ASIDE THE ORDER DATED 16.03.2022, TAKING COGNIZANCE OF THE OFFENCES, REGISTERING A CRIMINAL CASE AND ISSUING COERCIVE PROCESS TO SECURE THE APPEARANCE OF THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for the petitioners and respondents No.2 as well as learned High Court Government Pleader for respondent No.1/State are present. - 4 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 2. This petition is filed by the petitioners/accused Nos.1 to 7 under Section 482 of Cr.P.C, to quash the entire proceedings in C.C No.8712/2022 (Crime No.107/2021 of Kodigehalli Police Station), on the file of the learned VII Addl. C.M.M., Bengaluru City. 3. A compromise petition is filed under Section 482 read with Section 320 of Cr.P.C., for reporting settlement, duly signed by both the petitioners and respondent No.2. It is supported by affidavits of the petitioners/accused Nos.1 to 7, respondent No.2/complainant. 4. The joint affidavit is filed reporting amicable settlement between the parties. The joint affidavit reads as under: " JOINT AFFIDAVIT OF THE PETITIONERS AND 2ND RESPONDENT We, [1] Santosh T.C., aged about 44 years, S/of Mr. Chowde Gowda, residing at: No.652/1, 4th Floor, 2nd Block, Near Mariappanapalya Bus Depot, Rajajinagar, Bengaluru - 560 010; and [2] Praveen - 5 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 B.S., aged about 35 years, S/of Mr. Sridhar, presently residing at: C-201, Unique Signature Appartment, Sahakara Nagar, Behind Mall of Asia, Bengaluru 560 092, do hereby solemnly affirm and state on oath as under: 1. I, Santosh T.C., the Petitioner No.1 is swearing to the instant affidavit on my behalf as well as on behalf of the other Petitioners, who are my colleagues practicing in the courts at Bengaluru and as there is no conflict of interest between us. The 2nd of us is the 1st Informant and victim. Hence, we are competent to swear to this Joint Affidavit. 2. We jointly submit that due to some road- side brawl, the parties herein have filed complaints and cross complaints against each other. We state that Criminal Case in C.C. No. 8712/2022 (arising out of Crime No. 107/2021) is registered for the alleged offences punishable under sections 341, 323, 324, 326, 504, 506 read with Section 149 of IPC by the 1st Respondent/ Kodigehalli Police Station, pending on the file of the learned VII Additional Chief Judicial Magistrate, at Bengaluru is one among such matters, whereunder the Petitioners herein are being cited as Accused Nos. 1, 2, 4 to 8 and the 2nd Respondent is the De-Facto complainant/first informant. The instant criminal petition is filed seeking /quashing of the Criminal Case in C.C.No.8712/2022 against the Petitioners for the offences punishable under sections on the file of the learned VII Additional Chief Judicial Magistrate, at Bengaluru. We both being fully aware of the facts and circumstances of the case are swearing to this affidavit. - 6 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 3. We submit that now with the intervention of the well-wishers, friends and our respective advocates on record, we have amicably resolved our inter-se disputes and have arrived at a settlement and thereby have further resolved to put a quietus to the litigations and compromise all the court matters in the best interest of each other. 4. Accordingly, we have also agreed to compound the counter complaint initiated by Prithviraj (accused No.1) in C.C. No. 8705/2022 (Crime No. 108/2021) against the 2nd of us/ Praveen B.S. and Vinod Kumar B.U. for the offences under sections 341, 323, 504, 506 r/w/s. 34 of IPC pending consideration on the file of the learned VII Additional Chief Judicial Magistrate at Bengaluru either on the next date of hearing or on any other subsequent date as agreed mutually between the 1st accused and 2nd Respondent. 5. We state that we have withdrawn all the allegations / accusations made against each other and consequently, have further agreed to co-operate with each other and given consent for quashing of the criminal proceedings mentioned supra by allowing of the Criminal Petition before this Hon'ble Court. 6. Given the above compromise between the parties, the 2nd Respondent has agreed to withdraw all the allegations made in C.C. No. 8712/2022 and is not willing to prosecute the said case against the Petitioners. 7. Hence, the parties above named most humbly pray that this Hon'ble Court may kindly be pleased to allow the above criminal petition filed by the Petitioners under Section 482 of the Cr.P.C by - 7 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 quashing the entire proceedings in C.C. No. 8712/2022 on the file of the learned VII Additional Chief Judicial Magistrate, at Bengaluru. We jointly state that what is stated above are true to the best of our knowledge, information and belief and we have not been coerced in any manner whatsoever to enter into the above settlement. Dated this the 30th date of August month 2025 at Bengaluru". 5. Respondent No.2/complainant admits the compromise and submits that he has no objection to allow the petition. The terms and conditions of compromise petition is legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 of Cr.P.C, is allowed. (ii) The entire proceedings in C.C No.8712/2022 (Crime No.107/2021 of Kodigehalli Police Station), on the file of the learned VII Addl. C.M.M., Bengaluru City, is hereby quashed. - 8 - HC-KAR NC: 2025:KHC:33878 CRL.P No. 4562 of 2023 (iii) The Registry is directed to send copy of this order to the trial Court forthwith. KBM., List No.: 1 Sl No.: 2 Sd/- (J.M.KHAZI) JUDGE