Criminal Petition No. 2597 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2597 OF 2024 (482(Cr.PC) / 528(BNSS) …PETITIONER BETWEEN: MS SUBHRA PORWAL D/O SHEEL PORWAL, AGED ABOUT 28 YEARS, R/AT KRISHNA NAGAR, KANPUR 208001, (ADDRESS MENTIONED AS PER VOTER ID) (BY SRI. SUHAS G, ADVOCATE) AND: 1. 2.
Legal Reasoning
STATE OF KARNATAKA THROUGH KODIGEHALLI PS, YELAHANKA SUB DIVISION, BENGALURU CITY, REP BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU 560001
Legal Reasoning
SRI KAPIL MANCHANDA S/O SURESH MANCHANDA, AGED ABOUT 38 YEARS, OCC SOFTWARE ENGINEER, R/AT NO.A509, STERLING PARK APARTMENT, KODIGEHALLI MAIN ROAD, BENGALURU 560092 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1 SRI SHIVANANDA D.C., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN - 2 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024 C.C.NO.33634/2021 (IN CR.NO.96/2021 OF KODIGEHALLI P.S., ARISING OUT OF PCR NO.12633/2021) REGISTERED FOR THE OFFENCE P/U/S. 323, 504 AND 506 OF IPC 1860 PENDING ON THE FILE OF THE Ld. VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Wherefore, the petitioner herein who has been arraigned as Accused No.1 prays that Hon’ble Court may be pleased to quash the entire proceedings in C.C.No.33634/2021 (in Cr.No.96/2021 of Kodigehalli P.S. arising out of PCR No.12633/2021) registered for the offences punishable under Sections 323, 504 and 506 of the IPC 1860, pending on the file of the Ld.VII Additional Chief Metropolitan Magistrate, Bengaluru, in the interest of justice”. 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Memo dated 20.01.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024 3. Petitioner – accused No.1 and his counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:- “The Petitioner and Respondent No.2, with utmost respect, jointly submit before this Hon’ble Court that they have resolved their disputes amicably through mutual understanding and consent. In light of the settlement, both parties have agreed to the following terms and conditions, and Respondent No.2 has agreed to cooperate in the quashing of the impugned criminal proceedings. 1. The Petitioner undertakes immediately in Crl.Misc.Petition withdraw No.2906/2021 pending before the Learned 73rd Additional the proceedings initiated to Civil Judge (Junior Division)-1, Kanpur, Uttar Pradesh, Additionally, the Petitioner further undertakes to withdraw the proceedings the Learned 27th Chief Judicial Magistrate, Kanpur, Uttar in C.C.No.4458/2021 pending before Pradesh. 2. the proceedings initiated in C.C.No.33634/2021 pending before Respondent No.2 agrees to withdraw the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka, These proceedings were filed by the Respondent No.2 on 01.12.2021 under Sections 323, 504 and 506 of the Indian Penal Code. Respondent No.2 further agrees to withdraw the proceedings initiated in Civil Misc No.56/2024 - 4 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024 pending before the Learned V Addl. Principal Judge, Family Court, Bengaluru, Karnataka. 3. Both parties acknowledge that the settlement is comprehensive and final, covering all disputes arising between them. Accordingly, they mutually request this Hon’ble Court quash in C.C.No.33634/2021 pending before the Learned VII Chief proceedings the to Judicial Magistrate, Bengaluru, Karnataka, in the interest of justice and equity. 4. Both parties affirm that they have no further claims monetary or otherwise, against each other arising from the subject matter of the aforementioned proceedings. They also agree that the settlement is voluntary and without any coercion, undue influence, or pressure. 5. Both the parties herein submit that, both the parties, their parents, relatives, friends or anybody related to them will not interfere or intervene in each other’s walk of life at any time in future and each one of them is free to lead life as per the individual choice. 6. Both the parties are withdrawing allegations made against each other leading to the several proceedings before different forums in view of amicable settlement arrived at, between the parties. 7. The parties also undertake to file necessary applications for the withdrawal of their respective proceedings in the concerned courts within 30 days from the date of this Joint Memo or as directed by this Hon’ble Court. - 5 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024 8. Both the parties undertake not to file any criminal complaints or initiate any other proceedings as against each other, in the future. 9. In light of the above settlement, both parties respectfully pray that this Hon’ble Court may be pleased to in C.C.No.33634/2021 pending the proceedings quash before the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka, filed by Respondent No.2 on 01.12.2021 under Sections 323, 504 and 506 of Indian Penal Code, in the interest of justice and harmony. Wherefore, the Petitioner and Respondent No.2 jointly and respectfully pray that this Hon’ble Court may kindly be pleased to: 1. Record the amicable settlement arrived at between the parties; 2. Quash the proceedings in C.C.No.33634/2021 pending before the Learned VII Chief Judicial Magistrate, Bengaluru, Karnataka; 3. Pass such other orders as deemed fit in the interest of justice and equity. The parties respectfully submit that this settlement promotes harmony and is in alignment with the principles of justice, serving the best interests of both parties and conserving judicial resources.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - NC: 2025:KHC:2252 CRL.P No. 2597 of 2024
Decision
ORDER (i) Petition is disposed of in terms of the Joint Memo dated 20.01.2025. (ii) The proceedings in C.C.No.33634/2021 (arising out of Crime No.96/2021 of 1st respondent – Police) registered for the offences punishable under Sections 323, 504 and 506 of IPC, pending on the file of VII Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 4 Sl No.: 1