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2026 DAILYLAW 22637 (KAR)

SRI. RAGHUVEER. S. L. v. STATE OF KARNATAKA

CRL.P/7497/2024 · 2026-06-16

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7497 OF 2024 BETWEEN: SRI. RAGHUVEER. S. L @ RAGHU, S/O. LOKAPPA GOWDA. S. D., AGED ABOUT 43 YEARS, R/AT NO. 63, 1ST FLOOR, 17TH A MAIN, HAL 2ND STAGE, BENGALURU-560 008. …PETITIONER (BY SMT. DEEPA C, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY COMMERCIAL STREET POLICE STATION, BENGALURU-560 051. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MR. MUNISWAMY. G, S/O. GANGAIAH, AGED ABOUT 29 YEARS, R/AT NO. 291, KEMPEGOWDA NAGAR, 4TH CROSS, BYADARAHALLI, BENGALURU-560 009. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. CHINMAYI.G, ADVOCATE FOR R-2) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C TO A. SET ASIDE THE ORDER DATED 21.12.2023 PASSED BY THE COURT OF THE XXIX ACMM, BENGALURU IN C.C.NO.62378/2023 (ARISING OUT OF FIR IN CR.NO.97/2023 OF RESPONDENT NO.1 COMMERCIAL STREET POLICE), THEREBY TAKING COGNIZANCE OF THE OFFENCE P/US/ 420, 120(B) R/W SEC.34 AND ISSUING SUMMONS AGAINST THE PETITIONER WHO ARRAYED AS ACCUSED NO.2 VIDE ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.62378/2023, pending before the XXIX ACMM, Bengaluru, for the offences under Sections 420, 120(B) read with Section 34 of the Indian Penal Code. 2. Heard Smt.Deepa C, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Chinmani G, learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint affidavit in that regard. The joint affidavit reads as follows: "We (1) Sri. Raghuveer S L, Son of Lokappa Gowda SD, aged about 43 years, residing at No.63, 1st Floor, 17th 'A' Main, HAL, 2nd Stage, Bengaluru - 560008, the Petitioner/Accused No.02 herein and Sri. Muniswamy G. Son of Gangaiah, aged about 29 years, Residing at No.291, Kempegowda Nagar, 4th Cross, Byadarahalli, Bengaluru - 560009 the Complainant/Respondent No.2 herein, jointly do hereby solemnly affirm and state on oath as follows: 1. We submit that, the Respondent No.1 has registered a complaint against the Deceased Accused No.1 Sri. Krishnamurthy and the Petitioner herein in Crime. 97/2023 for the offence punishable under section 420, 120B read with section 34 of IPC pending on the file of XXIX ACJM, Bengaluru in CC No. 62378/2023 based on the complaint by Respondent No. 2 herein. 2. The Respondent No.02 states that due to certain circumstances and situations prevailing at that relevant point of time, coupled with misunderstanding and miscommunication, particularly in the back-ground and event of the death of Accused No. 1, Sri. KRISHNAMURTHY confusion arose regarding the roles of the parties. Owing to the said developments, the name of the petitioner came to be included in the complaint without complete clarity or proper verification of facts. Respondent No.2 further state that regarding Role of Petitioner, upon re-evaluation of the facts, documents and circumstances, got the clarification that Petitioner Sri. RAGHUVEER.S.L. was not involved in any direct or indirect financial transaction with him and he has not induced, misrepresented, or cheated me in any manner. The Respondent No.02 further states that there is no Grievance, in view of the above and upon present analysis of the matter with a clear and fair mindset, Respondent No.2 states that he does not intend to harass or cause hardship to an innocent person. - 4 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 3. The Respondent No.2 undertakes not to claim any further amount from the Petitioner herein. 4. The Respondent No. 2 submits that, in view of the settlement reached between the parties, the Respondent No. 2 shall not prosecute the Crime. 97/2023 for the offence punishable under section 420, 120B read with section 34 of Indian Penal Code dated pending on the file of XXIX ACMM, Bengaluru in CC No. 62378/2023, Hence, this Hon'ble Court may be pleased to allow the memorandum of criminal petition filed under Sec.482 of the Cr.P.C. Wherefore, we jointly submit that we have settled our differences and disputes and pray that this Hon'ble Court may be pleased to allow the petition and quash the proceedings in Crime. 97/2023 for the offence punishable under section 420, 120B read with section 34 of Indian Penal Code dated pending on the file of XXIX ACMM, Bengaluru in CC No. 62378/2023. We jointly state that what is stated above are true to the best of our knowledge, information and belief." 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of joint affidavit of the parties to the lis being filed and offences not being against the State, I deem it appropriate to accept the said joint affidavit and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: - 5 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 ORDER [I] Criminal Petition is disposed. [II] Order dated 21.12.2023 passed by the Court of the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.62378/2023 (arising out of FIR in Crime No.97/2023 of Respondent No.1 Commercial Street Police), thereby taking cognizance of the offence punishable under Sections 420, 120(B) read with 34 of IPC, and issuing summons against the Petitioner who is arrayed as Accused No.2, is set-aside. [III] Entire proceedings in C.C.No.62378/2023 (arising out of FIR in Crime No.97/2023 of Respondent No.1 Commercial Street Police), pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioner who is arrayed as Accused No.2, for the offence punishable under Sections 420, 120(B) read with 34 of IPC, stands quashed. - 6 - HC-KAR NC: 2026:KHC:29332 CRL.P No. 7497 of 2024 [IV] Charge Sheet in C.C.No.62378/2023 (arising out of FIR in Crime No.97/2023 of Respondent No.1 Commercial Street Police), pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioner who is arrayed as Accused No.2, for the offence punishable under Sections 420, 120(B) read with 34 of IPC, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 100