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2026 DAILYLAW 5376 (KAR)

YAAARAUKULA SURESH ALIAS S SURESH v. THE STATE OF KARNATAKA

CRL.P/100143/2024 · 2026-02-16

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100143 OF 2024 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100147 OF 2026 IN CRL.P NO. 100143/2024 BETWEEN: 1. YARAUKULA SURESH @ S. SURESH S/O NALLANNA AGE. 54 YEARS, OCC. ADDITIONAL SUPERINTENDENT OF POLICE ARMED RESERVE, MEHABOOBNAGAR, TELANGANA STATE R/O. 6-2-308, SRI NAGAR COLONY, HYDERABAD ROAD, NALAGONDA, TELANGANA STATE-508001, ALSO R/O. YARUKULA STREET, H.NO.21/307/A, OLD GUNTHAKAL, DIST. ANANTHAPURA, ANDRAPRADESH-515801. 2. YARAUKULA RAMANJINEYA S/O PULLANNA AGE 38 YEARS, OCC. ASSISTANT MANAGER, SBI, R/O. YARUKULA STREET, H.NO.2/307/A, OLD GUNTHAKAL, DIST. ANANTHAPUR, ANDRAPRADESH-515801. …PETITIONERS (BY SMT. RESHMA MADIWALAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA SHO, KOPPAL TOWN POLICE STATION, KOPPAL REPRESENTED BY SPP. HIGH COURT OF KARNATAKA DHARWAD-580011. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.21 16:44:32 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 2. B. RAVI S/O ERANNA BAJANTHRI AGE. 33 YEARS, OCC. NIL, R/O.H.NO.17, NEAR ANJANEYA TEMPLE, BHAGYANAGAR EXTENSION AREA, TQ. DIST.KOPPAL 583231. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. A.B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 27.09.2022 IN TAKING COGNIZANCE OF THE OFFENCE P/U/SEC. 447, 448, 323 AND 354 R/W 34 OF IPC AND ALL FURTHER PROCEEDINGS PURSUANT THAT IN CC NO. 3162/2022 NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT KOPPAL IN SO FAR THE PETITIONERS/ ACCUSED NO.10 AND 11, IN INTEREST OF JUSTICE. IN CRL.P NO. 100147/2026 BETWEEN: 1. YARUKULA RAMANAKKA W/O RAMUDU AGE 46 YEARS, OCC. HOUSEHOLD, 2. YARUKULA ARIAGADDA CHITTI D/O PULLANNA (AS PER AADHAR CARD NASSARI RAMADEVI), AGE 36 YEARS, OCC.HOUSEHOLD, 3. YARUKULA DEVAMMA W/O PULLANNA AGE 66 YEARS, OCC. HOUSEHOLD, 4. YARUKULA VENKATAMMA W/O MAREPPA KAMALAPADA (AS PER AADHAR CARD YERIKALA LAKSHMI DEVI), AGE 61 YEARS, OCC. HOUSEHOLD, 5. YARUKULA NARAYANAMMA W/O NAGAYYA AGE 63 YEARS, OCC. HOUSEHOLD, 6. YARUKULA INDIRA W/O SURESHA ANTHAPURA AGE 54 YEARS, OCC. HOUSEHOLD, 7. YARUKULA DEEPA D/O PULLANNA AGE 30 YEARS, OCC. HOUSEHOLD, - 3 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 8. YARUKULA MAREPPA KAMALAPADA S/O ANJANEYA AGE 69 YEARS, OCC. BUSINESS, 9. YARUKULA PULLANNA S/O ERANNA AGE 72 YEARS, OCC. BUSINESS, 10. YARUKULA DEBLU ANJINAYYA AGE 53 YEARS, OCC. BUSINESS ALL ARE R/O YARUKULA STREET, H.NO.21/307/A, OLD GUNTHAKAL, DIST. ANATHAPURA, ANDHRAPRADESH 515801. ...PETITIONERS (BY SMT. RESHMA MADIWALAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SHO, KOPPAL TOWN POLICE STAITON, KOPPAL, R/BY SPP, HIGH COURT OF KARNATAKA DHARWAD 580011. 2. B. RAVI S/O ERANNA BAJANTHRI AGE 36 YEARS, OCC. NIL, R/O H.NO.17, NEAR ANJANEYA TEMPLE, BHAGYANAGAR EXTENTION AREA, TQ AND DIST. KOPPAL 583231. ...RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. A.B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, PRAYING TO QUASH THE ORDER DATED 27/09/2022 IN TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE U/S 447, 448, 323 AND 354 R/W 34 OF IPC (CRIME NO. 126/2018 BEFORE KOPPAL TOWN POLICE STATION) AND (PRIVATE COMPLAINT IN PCR NO.81/2018 BEFORE PRL. CIVIL JUDGE AND JMFC COURT, KOPPAL) AND SUBSEQUENTLY QUASH ALL FURTHER PROCEEDINGS PURSUANT TO CRIMINAL CASE IN CC.NO.3162/2022 NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT KOPPAL IN SO FAR THE PETITIONERS/ ACCUSED NO.1 TO 9 AND 12, IN THE INTEREST OF JUSTICE. - 4 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Parties are present before this Court and filed applications under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in both the petitions. 2. Contents of the application filed in Criminal Petition No.100143/2024, reads as under: “The Petitioners i.e., accused no.10 &11 and the Respondent No.2, respectfully submit under: - 1. The above criminal petition is filed by the petitioners (accused no.10 & 11) herein seeking quashing of the order dated 27/09/2022 in taking cognizance of the offences Punishable U/s 447, 448, 323 and 354 R/w 34 of IPC [(Crime No. 126/2018 before Koppal town PS) and (Private complaint in PCR No. 81/2018 filed before Prl. Civil Judge and JMFC Court, Koppal)] and all further proceedings pursuant to that in CC.No.3162/2022 Koppal based on the complaint given by the respondent no.2 herein. 2. The averments made in the main petition may be read as part and parcel of this joint application to avoid repetition. - 5 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 3. It is now submitted that, at the intervention of the elders of both the parties and wellwishers, the petitioners and respondent no.2 herein have decided to settle the matter amicably and in the view of the said development, the respondent no.2 herein withdraws all the allegations made against the petitioners (accused no.10 & 11) herein and this has objection no in allowing above Criminal Petition by quashing of the order dated 27/09/2022 in taking cognizance of the offences Punishable U/s 447, 448,323 and 354 R/W 34 of IPC [(Crime No. 126/2018 before Koppal town PS) and (Private complaint in PCR No. 81/2018 filed before Prl. Civil Judge and JMFC Court, Koppal)] and all further proceedings pursuant to that in CC.No.3162/2022 now pending on the file of the learned Principal Civil Judge and JMFC Court at Koppal. 4. It is now submitted that as the petitioners (accused no.10 & 11) and respondent no.2 have entered in to the above mutual settlement. The petitioner no.2 and respondent no.2 are filing their respective affidavit along with this application without any coercion and undue influence. WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to allow this application, in the interest of justice and equity.” 3. Contents of the application filed in Criminal Petition No.100147/2026, reads as under: - 6 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 “The Petitioners i.e., accused no.1 to 9 & 12 and the Respondent No.2, respectfully submit as under:- 1. The above criminal petition is filed by the petitioners (accused no.1 to 9 & 12) herein seeking quashing of the order dated 27/09/2022 in taking cognizance of the offences Punishable U/s 447, 448,323 and 354 R/w 34 of IPC [(Crime No. 126/2018 before Koppal town PS) and (Private complaint in PCR No. 81/2018 filed before Prl. Civil Judge and JMFC Court, Koppal)] and all further proceedings pursuant that In CC.No.3162/2022 now pending on the file of the learned Principal Civil Judge and JMFC Court at Koppal based on the complaint given by the respondent no.2 herein. 2. The averments made in the main petition may be read as part and parcel of this joint application to avoid repetition. 3. It is now submitted that, at the intervention of the elders of both the parties and well wishers, the petitioners and respondent no.2 herein have decided to settle the matter amicably and in the view of the said development, the respondent no.2 herein withdraws all the allegations made against the petitioners (accused no.1 to 9 & 12) herein and has no objection in allowing this above Criminal Petition by quashing of the order dated 27/09/2022 in taking cognizance of the offences Punishable U/s 447, 448,323 and 354 R/w 34 of IPC [(Crime No. 126/2018 before Koppal town PS) and (Private complaint in PCR No. 81/2018 filed before Prl. Civil Judge and JMFC Court, Koppal)] and all further proceedings pursuant to that in CC.No.3162/2022 now pending on the file of the learned Principal Civil Judge and JMFC Court at Koppal. - 7 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 4. It is now submitted that as the petitioners (accused no.1 to 9 & 12) and respondent no.2 have entered in to the above mutual settlement. The petitioner no.1 and respondent no.2 are filing their respective affidavit along with this application without any coercion and undue influence. WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to allow this application, in the interest of justice and equity.” 4. The said applications are duly signed by the parties and their respective counsel. 5. In view of the true settlement between the parties and also taking note of the fact that one of the accused i.e., Deepa has obtained a decree of divorce with respondent No.2 and respondent No.2 having paid a sum of Rs.5,00,000/- as the permanent alimony, the present petitions are to be allowed and pending criminal cases are to be quashed following the dictum of the Hon’ble Apex Court in the case of Ramgopal Vs. State of Madhya Pradesh1. 1 2021 SCC Online SC 834 - 8 - HC-KAR NC: 2026:KHC-D:2321 CRL.P No. 100143 of 2024 C/W CRL.P No. 100147 of 2026 6. Moreover, lis is privy to the parties and has no serious social impact. 7. Accordingly, the following: ORDER (i) Though the offences are non- bailable, the applications filed by the parties are allowed by exercising the powers vested in this Court. (ii) Consequently, both the petitions are allowed. (iii) Pending proceedings in C.C.No.3162/2022 on the file of Principal Civil Judge and JMFC Court, Koppal, is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 39