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2025 DAILYLAW 79732 (KAR)

ANANTHA v. STATE BY KONANAKUNTE POLICE

WP/3370/2025 · 2025-07-23

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28031 WP No. 3370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3370 OF 2025 (GM-RES) BETWEEN: 1. ANANTHA S/O.NANJAPPA, AGED ABOUT 45 YEARS R/AT NO.14, 15 CHYTHUSHKA NILAYA 2ND MAIN, 2ND CROSS, PNB LAYOUT DODDAKALLASANDRA, KONANAKUNTE BANGALORE - 560 062. 2. NAGARAJ @ BBMP NAGA S/O.SRINIVAS AGED ABOUT 28 YEARS, R/AT NO.19, 1ST CROSS, PNB LAYOUT, DODDAKALLASANDRA, KONANAKUNTE BENGALURU - 560 062. …PETITIONERS (BY SRI. SANDESH KUMAR M., ADVOCATE) AND: 1. STATE BY KONANAKUNTE POLICE KONNANAKUNTE BENGALURU – 560 002 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SHARATH S/O.LATE BABU AGED ABOUT 28 YEARS, R/AT NO.365, 1ST CROSS, AYYAPPA NAGAR, DOCTORS COLONY, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28031 WP No. 3370 of 2025 DODDAKALLASANDRA BENGALURU - 560 062. …RESPONDENTS (BY SRI.NAGESHWARAPPA K., HCGP FOR R-1; SMT. SINDHU H.M, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CPC, PRAYING TO CALL FOR ENTIRE RECORDS RELATING TO C.C.NO.16663/2024 PENDING BEFORE XXX ACJM AT BANGALORE AND QUASH THE ENTIRE CHARGE SHEET FILED IN C.C.NO.16663/2024 FILED IN CRIME NO.534/2023 REGISTERED BY THE KONANAKUNTE PS FOR ALLEGED OFFENCES PUNISHABLE UNDER SEC. 323, 324, 341, 307, 427, 504, 506 AND 34 OF IPC 1860 WHICH IS PENDING BEFORE THE XXX ADDITIONAL ADDL. CHIEF JUDICIAL MAGISTRATE, AT BANGALORE (WIDE ANNX-A) WITH RESPECT TO THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs:- “a) Call for entire records relating to C.C.No.16663/2024 pending before XXX ACJM at Bangalore. b) Issue a writ of certiorari by quashing the entire charge sheet filed in C.C.No.16663/2024 filed Crime No.534/2023 registered by the Konanakunte PS as for alleged offences punishable under Sec.323, 324, 341, 307, 427, 504, 506 & 34 of I.P.C., 1860, which is pending before the XXX Additional Chief Judicial Magistrate at Bangalore. (vide Annexure-A) with respect to the petitioners are concerned. - 3 - HC-KAR NC: 2025:KHC:28031 WP No. 3370 of 2025 c) Grant any other relief that this Hon'ble Court may deem fit in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.2 and 4 and learned counsel for 2nd respondent have filed I.A.No.1/2025 along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.2 and 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application and Joint Affidavit, which reads as under:- “APPLICATION UNDER SEC.320 r/w Sec. 482 OF Cr.P.C. That for the reasons stated in the accompanying affidavit, this Hon'ble Court may be pleased to permit the parties to settle the dispute by quashing the charge sheet against the petitioners in the interest of justice.” “JOINT AFFIDAVIT We, Anantha, S/o.Nanjappa, Aged about 45 years, R/at No.14, 15 Chythushka Nilaya, 2nd Main, 2nd Cross, PNB Layout, Doddakallasandra, Bangalore – 560 062. - 4 - HC-KAR NC: 2025:KHC:28031 WP No. 3370 of 2025 Nagaraj, S/o.Srinivas, Aged about 28 years, R/at No.19, 1st Cross, PNB Layout, Doddakallasandra, Bengaluru-560062, and Sharath, Son of late Babu, aged about 28 years, r/at No.365, I Cross, Iyyappa Nagar, Doctors Colony, Doddakallasandra, Bengaluru-560062, do hereby solemnly affirm and sincerely state as follows: 1. We state that offences which the charge sheet has been filed against the accused are all compoundable under Sec.320 of Cr.P.C. except Sec.307 of Indian Penal Code. Here there were no averments in the charge sheet with respect to the 307 of I.P.C. is concerned. 2. We state that before the investigating officer itself the complainant herein made a statement to settle the issue as the small galata taken up due to some unavoidable circumstances. These petitioners are no way concerned to the incident what alleged in the FIR as well as Charge sheet. 3. We further state that we are all residing in the same vicinity and we are all so cordial relationship. If the false case continue against the petitioners/accused, it will lead to more complication and relationship between the parties will spoil. Hence the complainant himself intends to withdraw the complaint as there is no role of the petitioners / accused in the above alleged crime. Under these circumstances, this Hon'ble Court may be pleased to close the case against the petitioners in the interest of justice.” - 5 - HC-KAR NC: 2025:KHC:28031 WP No. 3370 of 2025 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Application – I.A.1/2025 and Joint Affidavit dated 23.07.2025. (ii) The proceedings in C.C.No.16663/2024 (arising out of Crime No.534/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 324, 341, 307, 427, 504, 506 and 34 of IPC pending on the file of XXX A.C.J.M., Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 24