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2025 DAILYLAW 83213 (KAR)

SMT. ROOPA SHETTY v. STATE OF KARNATAKA

CRL.P/2239/2022 · 2025-07-30

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 2239 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: SMT. ROOPA SHETTY W/O TUKARAM SHETTY, AGED ABOUT 51 YEARS, FLAT NO.11C, KAMBALA HEIGHTS, KADRI KAMBALA ROAD, MANGALORE, DAKSHINA KANNADA DISTRICT-574201. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTUR POLICE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 066. 2. SMT SUSHEELA @ JAYANTHI BALNADU W/O POOVAPPA NAIKA, AGED ABOUT 48 YEARS, ARTHIPADAVU MANE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 HOUSE, UJRUPADE, BALNADU VILLAGE, D.K DISTRICT-574 243. …RESPONDENTS (BY SRI.N.ANITHA GIRISH., HCGP FOR R1, SRI.LETHIF.B. ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 18.12.2021 PASSED IN CR.NO.160/2018 OF PUTTUR TOWN POLICE STATION ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. REGISTERED FOR THE OFFENCE P/U/S 166 AND 504 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER The petitioner/accused and respondent No.2/complainant as well as their respective learned counsel are present. - 3 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 Learned High Court Government Pleader for respondent No.1/State is present. 2. This petition is filed by accused under Section 482 of Cr.P.C, to quash the order dated 18.12.2021 passed in Crime No.160/2018, for the offences punishable 166 and 504 of I.P.C and Sections 3(1)(r)(s) of SC/ST (POA) ACT. 3. A joint memo is filed duly signed by the petitioner/accused and respondent No.2/complainant and their respective counsel. It is supported by affidavit of respondent No.2/complainant. The matter is settled before the Mediation center at Puttur, Dashina Kannada District. 2. The terms and conditions of the compromise petition and affidavit of respondent No.2/complainant are as under: "MEMO The petitioner and second respondent have mutually agreed to compound the offences alleged in the instant case and consequently to quash the F.I.R. in Crime No.0160/2018 registered by Puttur Town - 4 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 Police Station registered for the offences punishable under Sections 166, 504 of IPC 1860 and Section 3(1) (r) & (s) of SC/ST (PA) Act, 2015. In view of the settlement arrived between the petitioner and 2nd respondent, they have decided to give quietus to the misunderstandings arose between them and the 2nd respondent has agreed to withdraw the criminal case filed against the petitioner so as to secure the ends of justice. In that view of the matter, this Hon'ble Court may kindly be pleased to allow this petition and thereby quash the order 18.12.2021 passed in Crime No.0160/2018 of Puttur Town Police Station on the file of V Additional District and Sessions and Special Judge, D.K. Mangaluru Sitting at Puttur registered for the offences punishable under Sections 166, 504 of IPC 1860 and Section 3(1) (r) & (s) of SC/ST (PA) Act, 2015, in the Interest of justice. AFFIDAVIT I, SMT. SUSHEELA @ JAYANTHI BALNADU, W/o Poovappa Naika, Aged about 50 years, R/at: Arthipadavu Mane, House. Ujrupade, Balnadu Village D.K. District-574243 today at Puttur, do hereby solemnly affirm and state on oath as follows: - 5 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 1. I am the Second Respondent in the above petition. I am well conversant with the facts of this case and hence swearing to this affidavit. 2. I submit that I had lodged a complaint before the jurisdictional Police and FIR came to be registered against the petitioner F.I.R. In Crime No.0160/2018 registered by Puttur Town Police Station registered for the offences punishable under Sections 166, 504 of IPC 1860 and Section 3(1) (r) & (s) of SC/ST (PA) Act. 2015. the jurisdictional police have filed B-report in the said case. Pursuant to the protest filed by No.2 amongst us. the trial Court has rejected the B-report by an order dated 18.12.2021 and ordered to issue summons to No.1 amongst us. We have agreed to withdraw the present complaint filed against each other. In view of the same, we do not have any objection to for quash the order 18.12.2021 passed in Crime No.0160/2018 of Puttur Town Police Station on the file of V Additional District and Sessions and Special Judge, D.K. Mangaluru Sitting at Puttur registered for the offences punishable under Sections 166, 504 of IPC 1860 and Section 3(1) (r) & (s) of SC/ST (PA) Act, 2015 and thereby accept the B- report submitted by the jurisdictional police in the above case. - 6 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 3. I submit that in view of the settlement arrived between us, I have agreed to close the case registered against the petitioner. I am therefore consenting for quashing the order 18.12.2021 passed In Crime No.0160/2018 of Puttur Town Police Station on the file of V Additional District and Sessions and Special Judge, D.K. Mangaluru Sitting at Puttur registered for the offences punishable under Sections 166, 504 of IPC 1860 and Section 3(1) (r) & (s) of SC/ST (PA) Act, 2015, so as to secure the ends of justice. And to accept the B-report filed by the Jurisdictional Police. I have no objection to quash the proceedings against the Accused i.e. petitioner in the instant case. 4. I state that there is no force or threat or coercion from anyone to settle the dispute and we have settled our dispute amicably. 5. I submit that pursuant to the complaint filed by the me to the lokayukta the Upalokayuktha has proceeded to submit a report under Section 12 (3) of the Karnataka Lokayuktha Act to the Government. It is submitted that pursuant to the report under Section 12 (3) of the Act, and has proceeded to pass an order under Rule 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 and thereby entrusted the matter for enquiry to - 7 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 Upalokayuktha by an order dated 29.04.2019. Pursuant to the order dated 29.04.2019, the Additional Registrar, Enquiries-12 has issued Articles of Charge dated 19.06.2019. Challenging the same the petitioner has filed the application before the KSAT in O.A. No 6950/2020 and same came to be dismissed. Assailing the same the petitioner has filed the writ in 21469/2021 and same is pending for adjudication. We have decided to report the settlement arrived between us before this Hon'ble Court In W.P. No. 21469/2021 and close the said case as well. 6. All this is true and correct. I. SMT. SUSHEELA JAYANTHI BALNADU, do hereby, declare that the name and signature of me and the contents of this affidavit are true and correct to the best of my knowledge and belief". 5. Respondent No.2/complainant admits the compromise and submits that she has no objection to allow the petition. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: - 8 - HC-KAR NC: 2025:KHC:29286 CRL.P No. 2239 of 2022 ORDER (i) The petition filed under Section 482 Cr.P.C, are allowed. (ii) The order dated 18.12.2021 passed in Crime No.160/2018 of Puttur Town Police Station on the file of V Additional District and Sessions and Special Judge, D.K., Mangaluru is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 36