SRI T GOVINDARAJU v. STATE BY CHITRADURGA RURAL PS
CRL.P/13222/2025 · 2025-09-17
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79567 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79567 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13222 OF 2025 C/W CRIMINAL PETITION NO. 13226 OF 2025 IN CRL.P No. 13222/2025 BETWEEN:
1. SRI. T GOVINDARAJU S/O K THIMMAPPA, AGED ABOUT 61 YEARS, R/O V PALYA VILLAGE, CHALLAKERE, CHITRADURGA TALUK - 577 520. 2. SRI T RAJAPPA S/O K THIMMAPPA, AGED ABOUT 76 YEARS, R/O # 190, V PALYA VILLAGE, CHALLAKERE, CHITRADURGA TALUK - 577 520. 3. SRI THIMMAPPA T S/O K THIMMAPPA, AGED ABOUT 54 YEARS, R/O V PALYA VILLAGE, CHALLAKERE, CHITRADURGA TALUK - 577 520. 4. SREENIVASA R S/O T RAJAPPA, AGED ABOUT 48 YEARS, R/O V PALYA VILLAGE, CHALLAKERE, CHITRADURGA TALUK - 577 520. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025
5. JAYANTH G S/O T GOVINDARAJU, AGED ABOUT 22 YEARS, R/O V PALYA VILLAGE, CHALLAKERE, CHITRADURGA TALUK - 577 520. 6. MANJUNATHA T S/O THIMMAPPA @ THIMMANNA, AGED ABOUT 36 YEARS, R/O BHEEMASAMUDRA VILLAGE, CHITRADURGA TALUK - 577 520. …PETITIONERS (BY SRI. MAHAMED GUFRAN N, ADVOCATE) AND:
1. STATE BY CHITRADURGA RURAL PS REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT B ROOPA W/O KALLESHAPPA, AGED ABOUT 45 YEARS, R/O V PALYA, NALLIKATTE VILLAGE, CHITRADURGA TALUK - 577 520. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1;
SRI. SAMEER S.N, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.104/2024 PENDING BEFORE HONBLE 2ND ADDL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA AGAINST THE PETITIONERS/ACCUSED NO.1 TO 6 FOR THE OFFENCES P/U/S. 143, 147, 148, 323, 324, 354-B, 504, 506, R/W 149 OF IPC IN CR.NO.317/2023 OF CHITRADURGA RURAL POLICE. - 3 -
HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025 IN CRL.P NO. 13226/2025 BETWEEN:
1. SRI MANOJ @ P K MANU S/O J KALLESHAPPA, AGED ABOUT 25 YEARS, R/O NALLIKATTE, V PALYA POST, CHITADURGA TALUK - 577 520. 2. SRI. J JKALLESHAPPA @ KALLESH S/O JAYAPPA, AGED ABOUT 54 YEARS, R/O NO.20, NALLIKATTE, V PALYA POST, CHITRADURGA TALUK - 577 520.
...PETITIONERS (BY SRI. SAMEER S N., ADVOCATE) AND:
1. STATE BY CHITRADURGA RURAL PS REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. T GOVINDARAJU S/O K THIMMAPPA, AGED ABOUT 61 YEARS, R/O V PALYA, NALLIKATTE VILAGE, CHITRADURGA TALUK - 577 520 ...RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1;
SRI. MAHAMED GUFRAN N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C (SC/ST) NO.40/2023 PENDING
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025 BEFORE THE HONBLE SPL.2ND ADDL.DISTRICT AND SESSIONS JUDGE AT CHITRADURGA AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 FOR THE OFFENCES P/U/S 324, 355, 504, 506 R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC/ST (POA) ACT 1989 IN CRIME NO.316/2023 OF CHITRADURGA RURAL POLICE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These petitions arise out of case and counter case.
2. Crl.P.No.13222/2025 is filed seeking quashing of the proceedings pending in S.C.No.104/2024 on the file of II Addl. District and Sessions Judge at Chitradurga for the offence punishable under Sections 143, 147, 148, 323, 324, 354-B, 504, 506 r/w Section 149 of IPC whereas Crl.P.No.13226/2025 is filed seeking quashing of the proceedings pending in Spl.C (SC/ST).No.40/2023 on the file of II Addl. District and Sessions Judge at Chitradurga for the offences punishable under Sections 324, 355, 504, 506 r/w Section 34 of IPC and Section 3 (1)(r), 3(1)(s), 3(2)(v-a) of SC/ST (POA) Act, 1989 in Crime No.316/2023.
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025
3. Both the parties are present before this Court.
4. A joint application is filed under Section 482 read with Sections 320(2) and 320(8) of Cr.P.C., seeking permission of this Court to compound the offences and consequently quash the proceedings in view of the amicable settlement arrived at between the parties.
5.
Learned counsel appearing for the parties has relied upon the judgment of the Hon’ble Apex Court in Ramawatar v. State of Madhya Pradesh, (2022) 13 SCC 635, and has placed the same on record. Referring to the said decision, it is submitted that the principles enunciated therein are squarely applicable to the present case.
6. Both learned counsels submit that the complainant and the accused are adjoining landowners, and that a long- standing boundary dispute between them had led to a verbal altercation and scuffle, which eventually culminated in registration of the present cases.
7. The petitioners in Criminal Petition No.13222/2025, who had earlier lodged a complaint invoking provisions of
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025 the SC/ST (POA) Act, 1989, have now withdrawn all allegations against the accused attracting the offences punishable under Sections 324, 355, 504, 506 read with Section 34 IPC, as well as under Sections 3(1)(r), 3(1)(s), and 3(2)(v-a) of the SC/ST (POA) Act, 1989.
8. In view of the withdrawal of allegations, coupled with the admitted position that the dispute was purely a boundary dispute now resolved with the intervention of village elders, and in the absence of any grievous injuries in the charge sheet materials, this Court is of the opinion that no fruitful purpose would be served by continuing the criminal proceedings. To give quietus to the long-standing boundary dispute, and to preserve harmony between the parties who are neighbours, this Court deems it just and appropriate to exercise its inherent powers under Section 482 Cr.P.C. and quash the proceedings. The settlement is not only in the interest of the parties, but also in the larger interest of maintaining peace and cordiality in the locality. Both parties have undertaken before this Court that they shall not indulge in any physical abuse or assault hereafter. In such circumstances, to prevent abuse of
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HC-KAR NC: 2025:KHC:37872 CRL.P No. 13222 of 2025 C/W CRL.P No. 13226 of 2025 process of law and to secure the ends of justice, this Court finds it a fit case to grant the relief sought.
9. Accordingly, this Court proceeds to pass the following:
ORDER a. The criminal petitions are allowed. b. The proceedings pending in SC 104/2024, for the offence punishable under Sections 143, 147, 148, 323, 324, 354-B, 504, 506 read with Section 149 of IPC and the proceedings pending in Spl.C (SC/ST).No.40/2023 for the offence punishable under Sections 324, 355, 504, 506 r/w section 34 of IPC and Section 3 (1)(r), 3(1)(s), 3(2)(v-a) of SC/ST (POA) Act, 1989 in Crime No.316/2023, insofar as the petitioners are concerned, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE PSJ List No.: 2 Sl No.: 87 CT: BHK