Criminal Petition No. 6003 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6003 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SHIVARAJU D. S., S/O. LATE. NANJAPPA D., AGED ABOUT 45 YEARS, RESIDING AT DODDABELE VILLAGE, KENGERI HOBLI, BANGALORE – 560 060 (BY SRI. VINAYA KUMAR N. D., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA THROUGH KUMBALAGUDU POLICE STATION, REPRESENT BY PUBLIC PROSECUTOR, DR.B.R.AMBEDKAR VEEDI, BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka 2. M/S. ADDRESS MAKER LIFE SPANCES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.6/A, 2ND FLOOR, KABRA EXCELSIOR, 7TH MAIN, 1ST BLOCK, KORAMANGALA, BENGALURU – 560 034. REPRESENTED BY BELLIAPPA, S/O. THIMAIAH, AGED ABOUT 57 YEARS, M/S. ADDRESS MAKER LIFE SPANCES LTD., NO.6/A, 2ND FLOOR, KABRA EXCELSIOR, 7TH MAIN, - 2 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR KORAMANGALA, 1ST BLOCK, BENGALURU – 560 034.,
Legal Reasoning
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. H. MUNISWAMY GOWDA, ADVOCATE FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN CC.NO.00750/2024 OF KUMBALAGUDU POLICE STATION PENDING ON THE 2ND ADDL. CJM COURT, BENGALURU RURAL DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 341, 447, 504, 506 OF IPC. 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:- “a) Quash Charge sheet in C.C.No.750/2024 of Kumbalagudu police station pending on the 2nd Additional CJM Court, Bengaluru Rural District, for the offences punishable under Sections 323, 341, 447, 504 and 506 of Indian Penal Code. b) Pass any other order or directions as this Hon’ble Court deems fit in the circumstances of the case to meet the ends of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed an application under Section 320 of Cr.P.C duly filed along with affidavits of petitioner and respondent No.2 duly signed by the - 3 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 320 of Cr.P.C duly filed along with affidavits of petitioner and respondent No.2, which reads as under:- “APPLICATION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE 1. The above petition is filed by the Petitioner/Accused for quashing of C.C.No.750/2024 for the offence punishable under section 323, 341, 447, 504 and 506 of Indian Penal Code, registered by the Respondent No.1 Police, pending on the file of Hon'ble II Additional Chief Judicial Magistrate, Bengaluru rural District at Bangalore. 2. The petitioners and the respondent No.2 states that they are the neighbouring lands lords and petitioner unconditionally withdrawn the O.S.No.1590/2023 filed against People education society and the petitioner undertakes in future he do not claim any relief which is sought in O.S.No.1590/2023 against people education society. The petitioner and Respondent No.2 are good command in the society, and now the petitioner is good relationship with the respondent No.2, hence respondent - 4 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR No.2 agreed and undertakes and it do not wish to prosecute the criminal case pending C.C.No.750/2024, Registered by the Kumbalagudu P.S for the offences punishable under section 323,341,447,504 and 506 of I.P.C, against the petitioner. 3. In view of the above respondent No.2 has no objection for quashing the CC No.750/2024, registered by the Kumbalagudu P.S for the offences 323, 341, 447, 504 and 506 of I.P.C, further the petitioner and respondent No.2 states that did not make any further claims and allegations against each other in respect of the issues involved in the present complaint. 4. The contents are read explained and they have understood the same. After understanding the same, the parties are entering into this Compromise filed the present application. There is absolute no force, coercion, undue influence or duress from any quarter whatsoever. Wherefore, the parties hereto respectfully pray that this Charge that in Hon'ble court be pleased to quash chargesheet in C.C.No.750/2024 pending on the file of the II additional Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru Registered by the Kumbalagudu P.S for the offences punishable under section 323,341,447,504 and 506 of I.P.C, pending on the file of the II ACJM at Bangalore, in the interest of justice and equity. - 5 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR AFFIDAVIT OF RESPONDENT NO.2 I, M.T.Belliappa S/o M.B.Thimmaiah, Aged about 57 years, Residing at No. 134, 4th Main, Defence Colony, diranagar, Bengaluru 560038.do hereby state on oath as follows: 1) I state that, I am authorizing signatory of the respondent No.2/Complainant in the above case, and I well conversant with the facts and circumstances of the case, hence I am swearing to this affidavit. 2) I state that the petitioner has filed the present petition for quashing of the C.C.No.750/2024 Registered by the Kumbalagudu P.S for the offences punishable under section 323,341,447,504 and 506 of I.P.C, now pending on the file of the II ACJM at Bangalore. 3) I state that the petitioner is my neighboring land lord, the petitioner withdrawn unconditionally the O.S.No.1590/2023 filed against People education society and the petitioner undertakes in future he do not claim any relief which is sought in O.S.No.1590/2023 against people education society, now we are in good relationship, hence I am not interested to prosecute the case against the petitioners pending C.C. No.750/2025 Registered by the Kumbalagudu P.S for the offences punishable under section 323,341,447,504 and 506 of I.P.C 4) I state that I have read over the contents of the petition and after understanding the same I am filing this - 6 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR affidavit. I state that there is absolutely no force, coercion, undue influence or duress from any quarter whatsoever, hence it is just and necessary to consider this affidavit. 5) I state that I have no objection for quashing the C.C.No.750/2024 Registered by the Kumbalagudu P.S pending on the file of the II additional Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru for the offences punishable under section 323,341,447,504 and 506 of I.P.C, now pending on the file of the II ACJM at Bangalore. I, M.T.Belliappa. the Respondent No.2/Complainant, the deponent do hereby declare that this is my name and signature and the contents of this affidavit in Para graphs No. 1 to 5 are true and correct to the best of my knowledge information belief. AFFIDAVIT OF PETITIONER I, Shivaraju D.N. S/o.Late. Nanjappa D, Aged about 45 Years, R/o Doddabale, Vidyapeeta, Kengerei Post, Bangalore - 560 060, do hereby state on oath as follows: 1) I state that, I am petitioner in the above case, and I well conversant with the facts and circumstances of the case, hence I am swearing to this affidavit. 2) I state that i have filed the present petition for quashing of the C.C.No.750/2024 Registered by the Kumbalagudu P.S for the offences punishable under section - 7 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR 323,341,447,504 and 506 of I.P.C, now pending on the file of the II ACJM at Bangalore. 3) I state that I am unconditionally withdrawn the O.S.No.1590/2023 filed against People education society and I undertakes in future I do not claim any relief which is sought in O.S.No.1590/2023 against people education society, now myself and the Respondent No.2 is in good relationship, hence the respondent No.2 do not wish to prosecute the case against me pending in C.C.No.750/2025 Registered by the Kumbalagudu P.S for the offences punishable under section 323,341,447,504 and 506 of I.P.C 4) I state that I have read over the contents of the petition and after understanding the same I am filing this affidavit. I state that there is absolutely no force, coercion, undue influence or duress from any quarter whatsoever, hence it is just and necessary to consider this affidavit. 5) I state that be pleased to quashing the C.C.No.750/2024 Registered by the Kumbalagudu P.S pending on the file of the II additional Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru for the offences punishable under section 323,341,447,504 and 506 of I.P.C, now pending on the file of the II ACJM at Bangalore. I, Shivaraju D.N, the petitioner in the above petition, do hereby declare that this is my name and signature and the contents of this affidavit in Para graphs No. 1 to 5 are true and correct to the best of my knowledge information belief.” - 8 - NC: 2025:KHC:23538 CRL.P No. 6003 of 2025 HC-KAR 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of application under Section 320 of Cr.P.C duly filed along with affidavits of petitioner and respondent No.2 dated 30.06.2025. (ii) The proceedings in C.C.No.750/2024 (arising out of Crime No.321/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 341, 447, 504 and 506 of IPC pending on the file of 2nd Additional Chief Judicial Magistrate Court, Bengaluru Rural District, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 7