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2025 DAILYLAW 88513 (KAR)

SRI SURESHA v. STATE OF KARNATAKA

CRL.P/10029/2025 · 2025-07-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10029 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI SURESHA, S/O LATE YERRODU @ YERRAPPA, AGED ABOUT 48 YEARS, RESIDING AT VENKATESHWARA TEMPLE STREET, MANGAMMANAPALYA, BOMMANAHALLI (PO), BENGALURU – 560 068. 2. SRI. RAMESH, S/O LATE YERRODU @ YERRAPPA, AGED ABOUT 58 YEARS, RESIDING AT VENKATESHWARA TEMPLE STREET, MANGAMMANAPALYA, BOMMANAHALLI (PO), BENGALURU – 560 068. …PETITIONERS (BY SRI. MUNEGOWDA M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KORMANGALA POLICE, BENGALURU – 560 034, REP. BY SPP HIGH COURT BENGALURU – 560 001 2. SRI. SATISH KUMAR, AGED ABOUT 45 YEARS, S/O. LATE CHINNAPPA, RESIDING AT NO.35, GROUND FLOOR, MANGAMMANAPALYA KERE, NEAR VENU MOTARS, BOMMANAHALLI (PO), BENGALURU – 560 068. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. MANJUNATH S. R., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS 1 AND 2 BY THE FIRST RESPONDENT ON BEHALF OF THE SECOND RESPONDENT IN C.C.NO.13722/2024 PUNISHABLE UNDER SECTION 406, 419, 465, 468, 471, 420, 201 R/W 34 OF IPC NOW PENDING ON THE FILE OF THE LEARNED III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU. 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 have sought for the following reliefs:- “(i) Call for records, if necessary. (ii) To Quash the Entire proceedings against the petitioners No.1 & 2 by the First respondent on behalf of the second respondent in C.C.No.13722/2024 punishable under section 406, 419, 465, 468, 471, 420, 201 r/w 34 of Indian Penal Code now pending on the file of the learned III Addl. Chief Judicial Magistrate, at Bengaluru in the interest of justice and equity. (iii) Grant such other order or orders, which this Hon’ble Court may be pleased to pass, in the circumstances of the case, to stall the abuse of process of Court, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.3 and 4 and learned counsel for 2nd respondent – complainant have - 3 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 filed an application for compounding under Section 482 read with Section 320 of Cr.P.C., 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.3 and 4, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application for compounding under Section 482 read with Section 320 of Cr.P.C., along with Joint Affidavit, which reads as under:- “Ι.Α ΝΟ.2/2025 FOR COMPOUNDING UNDER SECTION 482 R/W 320 OF THE CODE OF CRIMINAL PROCEDURE, 1973. The Petitioners submit as follows: - 1. The Memorandum of Petition may be read as part and parcel to this application in order to avoid repetition of facts. 2. The Respondent No.2 have come forward to settle the criminal proceedings initiated by Respondent No.1 against the Petitioners which was done by them under mental distress and keeping in mind the future prospects of their respective families the above said Petitioners and Respondent No.2 are desirous of settling the matter also considering that the dispute in C.C.No.13722/2024 punishable under section - 4 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 406,419,465,468,471,420,201 r/w 34 of Indian Penal Code now pending on the file of the learned III Addl. Chief Judicial Magistrate, at Bengaluru. PRAYER WHEREFORE, the Petitioners in the above case most humbly pray this Hon'ble Court be pleased to permit them to compromise and quash/compound the offences made against them by the Respondent No. 2 in C.C No.13722/2024 punishable under section 406,419,465,468,471,420,201 r/w 34 of Indian Penal Code now pending on the file of the learned III Addl. Chief Judicial Magistrate, at Bengaluru in the ends of Justice. JOINT AFFIDAVIT 1. We, (1) Sri. Suresha, S/o Late Yerrodu @ Yerrappa, Aged about 46 years, R/at Venkateshwara Temple Street, Mangammanapalya, Bommanahalli (Po), Bengaluru. (2) Sri. Ramesh, S/o Late Yerrodu @ Yerrappa, Aged about 56 years, Residing at Venkateshwara Temple Street, Mangammanapalya, Bommanahalli (Po), Bengaluru – 560 068. (3) Sri. Satish Kumar, Aged about 45 years, S/o. Late Chinnappa, Residing at No.35, Ground Floor, Mangammanapalya Kere, Near Venu Motars, Bommanahalli (Po), Bengaluru – 560 068. That both petitioner’s and respondent’s 2 are well conversant - 5 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 with the facts and circumstances of the case for the above application. 2. We, Deponent No.1 to Deponent No.2 are the Petitioners in the above matter and we, Deponent No.3 is the Respondent No.2 in the above matter. Hence, we are competent to swear to this Joint Affidavit. 3. The averments made in the accompanying application for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief. 4. We, Deponent No.3 and the 2nd respondent in the above matter have come forward to settle the criminal proceedings initiated by us against the Deponent No.1 to Deponent No.2/Petitioners which was done by us under mental distress and in consideration of the future prospects of both the families. We are desirous of settling the matter considering that the dispute. Hence, we have agreed to quash/compound the criminal case in C.C.No.13722/2024 punishable under section 406, 419, 465, 468, 471, 420, 201 r/w 34 of Indian Penal Code now pending on the file of the learned III Addl. Chief Judicial Magistrate, at Bengaluru.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: - 6 - HC-KAR NC: 2025:KHC:27670 CRL.P No. 10029 of 2025 ORDER (i) The petition is disposed of in terms of application for compounding under Section 482 read with Section 320 of Cr.P.C., duly filed along with Joint Affidavit dated 21.07.2025. (ii) The proceedings in C.C.No.13722/2024 (arising out of Crime No.141/2022 of 1st respondent – Police) registered for the offences punishable under Sections 406, 419, 465, 468, 471, 420, 201 read with Section 34 of IPC pending on the file of III Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 45