MALLIKARJUNAPPA S @ MALLIKARJUNA S v. THE STATE OF KARNATAKA
CRL.P/4775/2025 · 2025-08-07
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79701 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79701 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION No. 4775 OF 2025 C/W CRIMINAL PETITION No. 117 OF 2025
IN CRL.P No. 4775/2025 BETWEEN:
MALLIKARJUNAPPA S @ MALLIKARJUNA S AGED ABOUT 58 YEARS S/O B. SIDDAPPA PRESIDENT OF GOVT OFFICIAL ASSOCIATION KADUR TQ AND TOWN CHICKMAGALURU - DISTRICT 577 548. R/AT:
DOMBARAHALLI ROAD HARUVANAHALLI KADUR TOWN AND TQ CHIKKAMAGALURU - 577 548. …PETITIONER
(BY SRI PRAVEEN C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY KADUR POLICE STATION CHIKKAMAGALURU REPRESENTED BY THE S.P.P
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
HIGH COURT BUILDING BENGALURU - 560 001. 2. MR. THIPPESHA AGED ABOUT 55 YEARS S/O LATE MALLAPPA R/O WARD No.05, SAHITHYANAGARA KADUR TOWN & TALUK CHIKKAMAGALURU DISTRICT - 577 548. …RESPONDENTS
(BY SRI M R PATIL, HCGP FOR R1 SRI GIREESHA S N, ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 Cr.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.No.2792/2024 (CR.No.42/2024) REGISTERED BY KADUR POLICE STATION, CHIKKMAGALURU FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTION 323, 504, 324, 326, 506 READ WITH SECTION 34 OF IPC, AGAINST THE PETITIONER IS CONCERNED NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT KADUR, CHIKKMAGALURU DISTRICT AND ETC.,
IN CRL.P No. 117/2025
BETWEEN:
SRI. THIPPESHA Y M S/0 LATE MALLAPPA AGED ABOUT 55 YEARS TEACHER R/AT LPS SCHOOL, M. CHOMANAHALLI VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. - 3 -
HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
PERMANENT RESIDENT OF K.V. COLONY KADUR, KADUR TOWN AND TALUK, CHIKKAMAGALURU DISTRICT - 577 548. ...PETITIONER
(BY SRI GIREESHA S N, ADVOCATE FOR SRI MANJUNATH N D, ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH KADUR POLICE STATION. REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. S. MALLIKARJUNA S S/0 LATE B. SIDDAPPA ABOUT 58 YEARS R/AT DOMBARAHALLI ROAD NEAR HARUVANAHALLI KADUR TOWN CHIKKAMAGALURU DISTRICT - 577 548.
...RESPONDENTS
(BY SRI M R PATIL, HCGP FOR R1 SRI PRAVEEN C, ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.37/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 504, 324 OF IPC AND SEC.3(1)(r),3(1)(s),3(2)(va) OF SC/ST (POA) AMENDMENT ACT 2015 ACT OF KADUR POLICE STATION PENDING ON THE FILE OF THE I ADDL.DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU DISTRICT. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
ORAL ORDER
These two petitions arise out of a case and counter- case registered between the parties. Upon examination of the respective compounding applications filed under Section 320(1) read with Section 482 of the Code of Criminal Procedure, 1973, it emerges that the petitioners in both matters are serving as Teachers in a Government school. Due to certain personal differences and misunderstandings, a dispute had arisen between them, resulting in the registration of two separate crimes against each other.
2. On the date of hearing, a joint application has been filed, placing on record that, at the intervention of well-wishers and family members, the parties have amicably resolved their dispute. The petitioners, who are complainants in their respective cases, have expressed their consent to the quashing of the proceedings in both cases.
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HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
3. This Court takes note of the fact that both accused are Government Teachers entrusted with the responsibility of nurturing young minds. The continuance of criminal proceedings, in the peculiar facts and circumstances of the case, may not serve any fruitful purpose, particularly when the parties have voluntarily settled their dispute without any coercion. Though the allegations levelled in the respective complaints are of a serious nature, the settlement arrived at between the parties, coupled with the fact that they are colleagues in the same profession, persuades this Court to exercise its inherent powers to secure the ends of justice.
4. In view of the above, and considering the spirit underlying Section 320 of Cr.P.C. read with the plenary powers vested in this Court under Section 482 of Cr.P.C., the compounding applications deserve to be considered and the criminal proceedings in both cases are liable to be quashed. For the foregoing reasons this Court proceeds to pass the following:
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HC-KAR NC: 2025:KHC:30806 CRL.P No. 4775 of 2025 C/W CRL.P No. 117 of 2025
ORDER
(i) Criminal Petitions stand allowed. (ii) Consequently, the proceedings in C.C.No. 2792/2024 pending on the file of the Principal Civil Judge and JMFC, Kadur, Chikmagaluru District, and the proceedings in Spl.C. No. 37/2024 pending on the file of the I Additional District and Sessions Judge, Chikkamagaluru, are hereby quashed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
DKB List No.: 2 Sl No.: 15