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2026 DAILYLAW 14792 (KAR)

PAPANNA v. THE STATE OF KARNATAKA

CRL.P/5110/2023 · 2026-03-27

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5110 OF 2023 C/W CRIMINAL PETITION NO. 8907 OF 2023 IN CRL.P No. 5110/2023 BETWEEN: 1. PAPANNA S/O KULLAIAHNINGEGOWDA AGED 75 YEARS R/AT ATTAHALLI VILLAGE BANNUR HOBLI T. NARASIPURA TALUK, MYSORE DIST KARNATAKA - 571101. 2. MAHADEVASWAMY S/O PAPANNA, AGED 45 YEARS, 3. VIJAYALAXMI W/O P. MAHADEVASWAMY, AGED ABOUT 36 YEARS, PETITIONER NOS. 2 AND 3 ARE R/AT 931, GROUND FLOOR, 3RD CROSS, 3RD MAIN ROAD, VIJAYANAGAR, BENGALURU - 560040. 4. POORNIMA D/O PAPANNA, W/O B.C. SIDDARAJU, AGED 42 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 R/AT 510, KASABA HOBLI, HALEBUDNUR, KRISHNARAJPET MANDYA - 571404. …PETITIONERS (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANNUR POLICE STATION MYSORE – 571101 REP PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA BANGALORE – 560 001 2. BHAGYALAXMI M W/O KUMARA AGED 31 YEARS R/AT ATTAHALLI VILLAGE BANNUR HOBLI T. NARASIPURA TALUK MYSORE DISTRICT - 570010 …RESPONDENTS (BY SRI.CHANNAPPA EARAPPA, HCGP FOR R1; SRI.SANTHOSH KUMAR M.B., ADVOCATE FOR R2) CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR NO.354/2022 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., T.NARASIPURA, MYSURU REGISTERED BY THE BANNUR POLICE FOR THE OFFENCE P/U/S 324, 504, 323 R/W 34 OF IPC. IN CRL.P NO. 8907/2023 BETWEEN: 1. MAHADEVU S/O LATE KULLANINGEGOWDA, AGED ABOUT 68 YEARS, R/AT ATTAHALLI VILLAGE, - 3 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 BANNUR HOBLI, T N PURA TALUK, MYSURU DISTRICT – 571 101 2. KUMARA S/O KADEGOWDA, AGED ABOUT 40 YEARS, R/AT ATTAHALLI VILLAGE, BANNUR HOBLI, T N PURA TALUK, MYSURU DISTRICT - 571101. 3. BHAGYALAXMI W/O KUMARA AGED ABOUT 30 YEARS, R/AT ATTAHALLI VILLAGE, BANNUR HOBLI, T N PURA TALUK, MYSURU DISTRICT - 571101. ...PETITIONERS (BY SRI. KALYAN R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANNUR POLICE, T N PURA TALUK, MYSURU DISTRICT - 571101 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. MAHADEVASWAMY S/O PAPANNA AGED ABOUT 44 YEARS, R/AT ATTAHALLI VILLAGE, BANNUR HOBLI, T N PURA TALUK, MYSURU DISTRICT – 571 101 ...RESPONDENTS (BY SRI.CHANNAPPA EARAPPA , HCGP FOR R1; SRI.SANTHOSH KUMAR M.B., ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.136/2023 IN CR.NO.353/2022 FOR THE OFFENCE P/U/S - 4 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 447,323,324,504,506 R/W 34 OF IPC ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C, TIRUMAKUDAL NARSIPUR VIDE ANNEXURE-A. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 4 in Crl.P.No.5110/2023 call in question registration of a crime in Crime No.354/2022, pending before the Principal Civil Judge (Jr. Dn.) and JMFC, T. Narasipura, Mysuru, for the offences under Sections 324, 504, 323 r/w. 34 of the IPC and petitioners – accused Nos.1 to 4 in Crl.P.No.8907/2023 call in question proceedings in C.C.No.136/2023, pending before the Civil Judge and JMFC, Tirumakudal Narsipura, for the offences under Sections 447, 323, 324, 504, 506 r/w. 34 of the IPC. 2. Learned counsel for the petitioners and respondent No.2 in both the petitions in unison submit that during the subsistence of these proceedings, the parties to the lis have entered into settlement amongst themselves by drawing up certain terms and conditions. The parties have filed a joint memo before this Court to that effect. - 5 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 3. The joint memo filed in Crl.P.No.5110/2023 reads as follows: “The petitioners and respondent. No. 2 are family members. The complainant none other than the brother's daughter of petitioner No. 1. There is a dispute between the petitioners and father of the respondent No. 2 with respect to the joint family property. The dispute arose due to the property bearing Sy. No. 151/5 measuring 9 Guntas, situated at Attahalli village. The petitioners and respondent no 2 have amicably settled the dispute among themselves. In order to put an end to the dispute and the parties also intended to settle the civil dispute pending before the Principle Civil Judge (Jr. Dn.) and JMFC at T. Narasipura, Mysore District, Mysore. In view of the settlement the respondent No. 2 do not wise to prosecute the case. Wherefore the petitioners and respondent no 2 prays that this Hon'ble court be pleased to allow the petition and quash the FIR No: 354/2022, in CC No. 135/2023, pending on the file of the Principle Civil Judge (Jr. Dn.) and JMFC at T.Narasipura, Mysore District, Mysore, in the interest of justice.” The joint memo filed in Crl.P.No.8907/2023 reads as follows: “The petitioners and respondent. No. 2 are family members. The complainant none other than the brother's son of petitioner No. 1. There is a dispute between the petitioners and father of the respondent No. 2 with respect to the joint family property. The dispute arose due to the property bearing Sy. No. 151/5 measuring 9 Guntas, situated at Attahalli village. The petitioners and respondent no 2 have amicably settled the dispute among themselves. In order to put an end to the dispute and the parties also intended to settle the civil dispute pending before the Principle Civil Judge (Jr. Dn.) and JMFC at - 6 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 T. Narasipura, Mysore District, Mysore. In view of the settlement the respondent No. 2 do not wise to prosecute the case. Wherefore the petitioners and respondent no 2 prays that this Hon'ble court be pleased to allow the petition and quash the FIR No: 353/2022, in CC No. 136/2023, pending on the file of the Principle Civil Judge (Jr. Dn.) and JMFC at T.Narasipura, Mysore District, Mysore, in the interest of justice.” In the light of the afore-quoted memos, I deem it appropriate to terminate the proceedings against the petitioners in both the petitions, as it is a family dispute and the allegations are not against the State. 4. For the aforesaid reasons, the following: O R D E R (a) The criminal petitions are disposed. (b) The impugned crime in Crime No.354/2022, pending before the Principal Civil Judge (Jr. Dn.) and JMFC, T. Narasipura, Mysuru, for the offences under Sections 324, 504, 323 r/w. 34 of the IPC impugned in Crl.P.No.5110/2023 and the proceedings in C.C.No.136/2023, pending before the Civil Judge and JMFC, Tirumakudal Narsipura, - 7 - HC-KAR NC: 2026:KHC:17677 CRL.P No. 5110 of 2023 C/W CRL.P No. 8907 of 2023 impugned in Crl.P.No.8907/2023, qua the petitioners, in both the petitions, stand quashed. All pending applications stand disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 80