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2026 DAILYLAW 11020 (KAR)

DICSON YESUDAS v. THE STATE OF KARNATAKA

CRL.P/17086/2025 · 2026-02-11

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8398 CRL.P No. 17086 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 17086 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. DICSON YESUDAS S/O YESUDAS, AGED ABOUT 50 YEARS, OCC: CENTERING WORK, R/AT- MUTHATHU CHARUVATH, HARINELLURU HOUSE, KOLLAM, KERALA-691 576. 2. ROZAR YESUDAS, S/O YESUDAS, AGED ABOUT 46 YEARS, OCC: CENTERING WORK, R/AT- MUTHATHU CHARUVATH, HARINELLURU HOUSE, KOLLAM, KERALA-691 576. 3. SHALU THOMAS, S/O THOMAS VASAN, AGED ABOUT 43 YEARS, OCC: CENTERING WORK, R/AT- THOMAS HOUSE, THEVALAKERE VILLAGE KAIRNAGA PALI, KOLLAM, KERALA 691 009. …PETITIONERS (BY SRI. DINESHKUMAR RAO K.,ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8398 CRL.P No. 17086 of 2025 AND: 1. THE STATE OF KARNATAKA PUTTUR TOWN POLICE STATION, PUTTUR, D.K.- 574 201. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001) 2. JOHN PINTO S/O CHARLES PINTO, AGED ABOUT 52 YEARS, OCC:- HOTEL BUSINESS, R/AT- PINTO COMPOUND, MOTTE TADAKA, KAMINJE VILLAGE, DARBE POST, PUTTUR, D.K.-574 202. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA.,HCGP FOR R1; SRI. UMESH P.B., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN CC NO.917/2024 PENDING ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND ACJM, COURT, PUTTUR D.K (CHARGE SHEETED FOR OFFENCES P/U/S 326 R/W 34 OF IPC) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8398 CRL.P No. 17086 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.917/2024 pending before the Principal Senior Civil Judge and A.C.J.M., Puttur, Dakshina Kannada, for the offences punishable under Section 326 read with Section 34 of the IPC. 2. Heard Sri. Dineshkumar Rao K., learned counsel appearing for the petitioners, Sri. K Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri. Umesh P.B., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the subsistence of the present petition, the parties to the lis have settled the dispute amongst themselves and have filed an application seeking compounding of the offence along with the joint affidavit. The joint affidavit reads as follows. "JOINT AFFIDAVIT HEREIN WE, John Pinto S/o Charles Pinto, Aged about 52 years, Occ.- Hotel Business, R/at- Pinto Compound, Motte Tadaka, Kaminje Village, Darbe Post, Puttur, - 4 - HC-KAR NC: 2026:KHC:8398 CRL.P No. 17086 of 2025 D.K.- 574202, and Dicson Yesudas, S/o Yesudas, Aged about 50 years, Occ: Centering work, R/at- Muthathu Charuvath, Harinelluru house, Kollam, Kerala- 691576, today at Bengaluru, do hereby state on solemnly affirmation on oath state as follows. Now st Bang 1. That we are the respondent no.2 and petitioner no's.1 in the above Criminal petition and we know the facts of the case, Hence, we are swearing to this affidavit and petitioner no.1 is also swearing on behalf of petitioner no. 2 and 3. 2. We state that the contents in the accompanying application of compromise/ compounding of offence at Para 1 to 3 are true and correct to the best of our knowledge, belief and information and we believe them to be true and correct. This is our name and signature and contents stated above are true to the best of our knowledge, information and belief and our believe them to be true and correct." 4. Though the offence is the one punishable under Section 326 read with Section 34 of the IPC, in the normal circumstance, would not be permitted to be compounded. The issue in the lis is a complaint that was registered in the year 2002, is now sought to be tried before the concerned Court in the year 2026, which is 24 years after the incident said to have happened. Therefore, the improbability that shroud the incident that has happened 24 years ago, I deem it appropriate to accept the application seeking compounding of the offence filed along with the joint affidavit and close the present proceedings against these petitioners. - 5 - HC-KAR NC: 2026:KHC:8398 CRL.P No. 17086 of 2025 5. For the aforesaid reasons, the following: ORDER i) Criminal Petition is disposed. ii) Proceedings in C.C.No.917/2024 pending before the Principal Senior Civil Judge and A.C.J.M., Puttur, Dakshina Kannada, stand quashed, qua the present petitioners. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 3 Sl No.: 2