Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14582 (KAR)

MR. S SHIVA KUMAR v. STATE OF KARNATAKA

CRL.P/2968/2026 · 2026-03-18

R Nataraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15935 CRL.P No. 2968 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2968 OF 2026 BETWEEN: 1. MR. S SHIVA KUMAR S/O. LATE N. SHIVARAMAIAH, AGED ABOUT 61 YEARS, 2. MR. PRASANNA, S/O. MR. S. SHIVA KUMAR, AGED ABOUT 29 YEARS, BOTH ARE RESIDING AT NO.62/87, 4TH CROSS, SHIVARAMAIAH LAYOUT, BEHIND HP PETROL BUNK, HBR LAYOUT, BANGALORE-560 077 …PETITIONERS (BY SRI. VIJAYKUMAR PRAKASH, sADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTHANUR POLICE, NOW REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, VIDHANA VEEDHI, BANGALORE 560 001 2. MR. M. SHEKAR, S/O. MR. MUNIYAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.10, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15935 CRL.P No. 2968 of 2026 BEHIND VANI SCHOOL, HANUMANTHANAGAR, BILISHIVALAYA, DODDAGUBBI POST, BANGALORE 560 077 …RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; SRI.NAGESH.R.K., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH PROCEEDINGS IN C.C.NO.53584/2020 (CR.NO.78/2020) PENDING ON THE FILE OF XXIX A.C.J.M BENGALURU CITY REGISTERED FOR OFFENCE P/U/S 341, 448, 323, 326, 504 AND 506 OF IPC BY THE I RESPONDENT KOTHANUR POLICE IMPUGNED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the prosecution lodged against them in C.C.No.53584/2020 (arising out of Cr.No.78/2020) on the file of XXIX Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 341, 448, 323, 326, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (henceforth referred to as 'IPC'). - 3 - HC-KAR NC: 2026:KHC:15935 CRL.P No. 2968 of 2026 2. When this petition is listed for admission, the parties have filed a joint memo, which reads as follows: "JOINT MEMO OF THE PETITIONERS AND II RESPONDENT 1. The First Respondent police have filed Charge Sheet against the Petitioners herein and another for offences punishable under Sections 341, 448, 323, 326, 504 and 506 IPC. The Learned Magistrate was pleased to take cognizance and register a case in CC No.53584/2020 (Cr. No.78/2020). The said case is now pending trial. 2. In the mean-time, Petitioners herein and Second Respondent have reached an amicable settlement and resolved all their differences. 3. The filing of the case was a result of misunderstanding and the offences alleged are personal in nature and not against the society. 4. The offences alleged are not triable by sessions. The said offences are not punishable with death or imprisonment for life. 5. In the foregoing background parties, parties above named pray that this Hon'ble Court be pleased to record the settlement and quash the proceedings in CC No.53584/2020 (Cr.No.78/2020) pending on the file of the XXIX Additional Chief Judicial Magistrate, Bangalore City, registered for offences punishable under Sections - 4 - HC-KAR NC: 2026:KHC:15935 CRL.P No. 2968 of 2026 341, 448, 323, 326, 504 and 506 IPC by the First Respondent Kothanur Police in the interest of justice." 3. Since the offences alleged are not punishable with death or life imprisonment and in view of the judgment of the Hon'ble Apex Court in Gian Singh v. State of Punjab - (2012) 10 SCC 303, the joint memo filed by the petitioners and the respondent No.2 is accepted. 4. In view of the joint memo, the proceedings against the petitioners in C.C.No.53584/2020 (Cr.No.78/2020) on the file of the XXIX Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 341, 448, 323, 326, 504, 506 read with Section 34 of the Indian Penal Code, are quashed. 5. The parties have affixed their signatures to the order sheet of this Court in token of the acceptance of the terms of the joint memo. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 2 Sl No.: 17