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2025 DAILYLAW 9118 (KAR)

RAJSHEKHAR AND ORS v. THE STATE THROUGH AND ANR

CRL.P/200102/2025 · 2025-07-07

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200102 OF 2025 C/W CRIMINAL PETITION NO.200299 OF 2025 IN CRIMINAL PETITION NO.200102 OF 2025 BETWEEN: 1. RAJSHEKHAR S/O ADIVEPPA AGED ABOUT 60 YEARS, OCC: RETD. PERSON, R/O: J. P. NAGAR, BIDAR – 585401. 2. SHAKUNTALA W/O PRATAP TAMBAKE AGED ABOUT 68 YEARS, OCC: ADVOCATE R/O: J. P. NAGAR, BIDAR – 585401. 3. PRATAP TAMBAKE S/O ADIVEPPA TAMBAKE AGED ABOUT 70 YEARS, OCC: RETD. PERSON, R/O: J. P. NAGAR, BIDAR – 585401. 4. PRASHANTH TAMBAKE S/O NIRANJAPPA TAMBAKE AGED ABOUT 45 YEARS, OCC: ADVOCATE R/O: J. P. NAGAR, BIDAR – 585401. 5. CHANNU TAMBAKE @ CHANNABASAVA TAMBAKE S/O RAJSHEKHAR TAMBAKE AGED ABOUT 30 YEARS, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025 OCC: MEDICAL PRACTITIONER, R/O: J. P. NAGAR, BIDAR – 585401. 6. SMT. JYOTI TAMBAKE W/O PRASHANT TAMBAKE AGED ABOUT 40 YEARS, OCC: HOUSEHOLD R/O: J. P. NAGAR, BIDAR – 585401. …PETITIONERS (BY SRI. RAVI B. PATIL, ADVOCATE) AND: 1. THE STATE THROUGH NEW TOWN POLICE STATION, BIDAR – 585401. R/BY ADDL. SPP HIGH Court OF KARNATAKA, KALABURAGI – 585 107. 2. TUKARAM S/O BANDEPPA HANGARAGI, AGED ABOUT 64 YEARS, OCC: RETD. GOVT SERVANT, R/O: J. P. NAGAR, BIDAR – 585401. …RESPONDENTS (BY SRI. JAMADER SHAHABUDDIN, HCGP FOR R1; SRI. AVINASH A. UPLAONKAR ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED PROCEEDINGS IN C.C NO. 1867/2024 PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR PENDING BEFORE NEW TOWN P.S FOR THE OFFENCE UNDER SECTIONS 323, 448, 504 & 506 R/W 149 OF INDIAN PENAL CODE BASED ON THE ORDER OF COGNIZANCE DATED 13.11.2024 ARISING OUT OF CRIME NO. 137/2024 AS ILLEGAL AND ONE WITHOUT JURISDICTION, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025 IN CRIMINAL PETITION NO.200299 OF 2025 BETWEEN: 1. TUKARAM HANGARAGI S/O BANDEPPA, AGE:64 YEARS, OCC: RETIRED GOVT. SERVANT, 2. SHOBHA HANGARAGI W/O TUKARAM HANGARAGI, AGE: 56 YEARS, OCC: HOUSEHOLD, 3. GUDDI SAHANA HANGARAGI D/O TUKARAM HANGARAGI, AGE: 23 YEARS, OCC: STUDENT (M.TECH), 4. SUMIT HANGARAGI S/O TUKARAM HANGARAGI, AGE: 31 YEARS, OCC: PRIVATE WORK, ALL RE: JP NAGAR COLONY, BIDAR TQ & DIST: BIDAR – 585 401. …PETITIONERS (BY SRI. AVINASH A. UPLOANKAR, ADVOCATE) AND: 1. THE STATE THROUGH NEW TOWN POLICE STATION, BIDAR – 585401. R/BY ADDL. SPP HIGH Court OF KARNATAKA, KALABURAGI – 585 107. 2. PRATAP S/O ADVEPPA AGE: 70 YEARS, OCC: RETIRED PERSON, R/O: JP NAGAR COLONY, BIDAR, TQ & DIST: BIDAR – 585 401. …RESPONDENTS (BY SRI. JAMADER SHAHABUDDIN, HCGP FOR R1; SRI RAVI B. PATIL ADV. FOR R2) - 4 - HC-KAR NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025 THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., PRAYING TO EXERCISE INHERENT POWERS UNDER SECTION.482 CR.P.C,(258 OF BNSS), EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC.NO.20/2025 (CRIME.NO.143/2024 OF NEW TOWN POLICE STATION BIDAR, DIST:BIDAR), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 448, 323, 504, 506 READ WITH 34 OF IPC, IS PENDING ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C COURT AT BIDAR, AGAINST THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Parties are present. 2. After some amount of deliberations, parties agreed that, both the matters can be disposed of, they are interested to withdraw their respective complaints. 3. On enquiry, the Court is satisfied that, the decision to withdraw the complaints against each other by the parties is voluntary, without any undue influence or coercion. - 5 - HC-KAR NC: 2025:KHC-K:3686 CRL.P No. 200102 of 2025 C/W CRL.P No. 200299 of 2025 4. Since the offence alleged against each other are simple in nature and privy to the parties and has no serious impact on the society at large. 5. Following the dictum of Hon’ble Apex Court in the case of Ramgopal and another Vs. State of Madhya Pradesh, reported in (2022) 14 SCC 531, by exercising the inherent power vested in this Court under Section 482 of Cr.P.C., both the complaints and further proceedings thereof, needs to be quashed. Hence, the following order: ORDER (i) Petitions allowed; (ii) Pending criminal proceedings in C.C.No.1867/2024 and C.C.No.20/2025 pending before the II Additional Senior Civil Judge and JMFC Court, Bidar, are hereby quashed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 32