Criminal Petition No. 4171 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4171 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 6805 OF 2025 (482(Cr.PC) / 528(BNSS), C/W CRIMINAL PETITION NO. 296 OF 2025 (482(Cr.PC) / 528(BNSS) In Crl.P.No.4171 OF 2024 BETWEEN: 1. RAJESH M. KURPAD, S/O K.S. MOHANRAM, AGED ABOUT 53 YEARS, R/AT NO. 395/32, GROUND FLOOR, 17TH MAIN, 4 T BLOCK, JAYANAGAR, BENGALURU - 560 041. 2. DIVYA S. HEGDE, W/O RAJESH M. KURPAD, AGED ABOUT 48 YEARS, R/AT NO.395/32, GROUND FLOOR, 17TH MAIN, 4 T BLOCK, JAYANAGAR, BENGALURU - 560 041.
Legal Reasoning
(BY SRI. ANAND MUTTALLI, ADVOCATE) AND: Digitally signed by CHANDANA B M Location: High Court of Karnataka …PETITIONERS 1. STATE OF KARNATAKA BY JAYANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. - 2 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR 2. SHIVANANJAPPA S, S/O LATE SIDDAIAH, AGED ABOUT 66 YEARS R/AT NO.32/2, 1ST FLOOR, 17TH MAIN, 4 T BLOCK, JAYANAGAR, BENGALURU - 560 041. (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. M.L. GOWDA, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1. QUASH THE ENTIRE CHARGE SHEET (ANNEXURE-B) FILED BY THE 1ST RESPONDENT (JAYANAGAR P.S) IN FIR NO.266/2023 FOR THE OFFENCE P/U/S 341, 504, 506 R/W 34 OF IPC PENDING ON THE FILE OF THE HONBLE II A.C.M.M AT BENGALURU AND ETC., In Crl.P.No.6805 OF 2025 BETWEEN: 1. SRI. SHIVANANJAPPA S., S/O. LATE. SIDDAIAH AGED ABOUT 67 YEARS RESIDING AT NO. 395/32, FIRST FLOOR, 17TH MAIN ROAD, 35TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU KARNATAKA – 560 041 2. SMT. NAGAMMA W/O. SHIVANANJAPPA S. AGED ABOUT 60 YEARS RESIDING AT NO. 395/32, FIRST FLOOR, 17TH MAIN ROAD, 35TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU KARNATAKA – 560 041 3. SMT. GAYATHRI SOMESH W/O. SOMESH ANAND AGED ABOUT 41 YEARS 4. SRI. SOMESH ANAND S/O. ANAND AGED ABOUT 42 YEARS - 3 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR BOTH ARE RESIDING AT FLAT NO. 201, AVANTHIKA APARTMENT, 1ST MAIN, 3RD CROSS, NEAR GANESHA TEMPLE, KOTHANUR DINNE MAIN ROAD, J P NAGAR, 8TH PHASE, BENGALURU – 560 076. (BY SRI. MARILINGE GOWDA, ADVOCATE) …PETITIONERS AND: 1. STATE OF KARNATAKA REPRESENTED BY JAYANAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001 2. SRI. RAJESH M. KURPAD S/O. K.S. MOHANRAM, AGED ABOUT 53 YEARS, RESIDING AT NO. 395/32, GROUND FLOOR, 17TH MAIN ROAD, 35TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU CITY KARNATAKA – 560 041 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SRI. ANAND MUTTALLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET (ANNEXURE-B) FILED BY THE RESPONDENT NO.1 (JAYANAGAR POLICE STATION) IN FIR NO.0267/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 341, 323, 504, 506 R/W 34 OF IPC, PENDING BEFORE THE 2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU CITY, BENGALURU AND ETC. - 4 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR In Crl.P.No.296 OF 2025 BETWEEN: 1. SRI. SHIVANANJAPPA S/O. SIDDAIAH AGED ABOUT 67 YEARS 2. SMT. NAGAMMA W/O. SHIVANANJAPPA AGED ABOUT 61 YEARS BOTH ARE RESIDING AT NO. 32/2, FIRST FLOOR, 17TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU – 560 041 3. MS. GAYATHRI SOMESH D/O. SHIVANANJAPPA AGED ABOUT 39 YEARS RESIDING AT NO.32/2 FIRST FLOOR, 17TH MAIN ROAD, 4TH T. BLOCK, JAYANAGAR, BENGALURU – 560 041 (BY SRI. MARILINGE GOWDA, ADVOCATE) …PETITIONERS AND: SMT. DIVYA S. HEGDE W/O. SRI. RAJESH M. KURPAD, AGED ABOUT 48 YEARS RESIDING AT NO. 395/32, GROUND FLOOR, 17TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU – 41 (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1; SRI. ANAND MUTTALLI, ADVOCATE FOR R2) …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS PERTAINING TO C.C.NO.5247/2023 ON THE FILE OF THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE JUDGE AT - 5 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR BENGALURU, NOW BEFORE THE 2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE JUDGE AT BENGALURU CITY, BENGALURU VIDE ANNEXURE-B. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioners in Crl.P.No.4171/2024 seek quashing of the impugned proceedings in C.C.No.28663/2023 arising out of FIR in Crime No.266/2023 for the offences punishable under Sections 341, 504 read with Section 34 of IPC on the file of II Additional Chief Metropolitan Magistrate, Bengaluru. The said FIR was registered pursuant to a complaint dated 26.08.2023 filed by respondent No.2/defacto-complainant 2. Similarly, the petitioner No.1 in Crl.No.4171/2024 has also filed a complaint dated 27.08.2023, which was registered as FIR in Crime No.267/2023 and currently pending in C.C.No.28667/2023 and petitioner No.2 in Crl.No.4171/2024 has filed PCR.No.18478/2021 which was registered and currently pending in C.C.No.5247/2023 on the file of 37th Additional Chief Metropolitan Magistrate Judge, Bengaluru, and now pending before 2nd Additional Chief Metropolitan Magistrate Judge, Bengaluru City. - 6 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR 3. The petitioner No.1 in Crl.P.No.4171/2024 is arraigned as complainant/respondent No.2 in Crl.P.No.6805/2025 and petitioner No.2 in Crl.P.No.4171/2024 is arraigned as complainant/respondent No.2 in Crl.P.No.296/2025. 4. A perusal of the material on record will indicate that it is an undisputed fact that the petitioners in Crl.P.No.4171/2024 i.e., Sri.Rajesh M Kurpad and Smt.Divya.S.Hegde, who are husband and wife are the residents of premises situated at Ground floor No.395/32, 17th Main, 4th T Block, Jayanagar, Bengaluru – 560 041. It is also not in dispute that the Shivananjappa S, who is the defacto complainant in Crl.P.No.4171/2024 and accused No.1 in Crl.P.Nos.6805/2025 and 296/2025 is the resident of 1st floor of the very same building. 5. Learned counsel for the petitioners and the respondents in both the petitions jointly submit having regard to fact that both of them are undisputedly neighbors and intend to live together in peace and harmony without quarrelling with each other, both the petitions may be allowed and the impugned proceedings - 7 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR in both the petitions may be quashed by way of amicable settlement between the parties. 6.
Decision
In the result, I pass the following: i. ii. ORDER The petitions are hereby allowed. In Crl.P.No.4171/2024, the impugned proceedings in C.C.No.28663/2023 arising out of an FIR in Crime No.266/2023 for offences punishable under Sections 341, 504, 506 read with Section 34 of IPC on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. iii. In Crl.P.No.6805/2025, the impugned proceedings in C.C.No.28667/2023 arising out of FIR No.267/2023 for the offences punishable under Sections 341, 323, 504, 506 read with Section 34 of IPC on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. - 8 - NC: 2025:KHC:21408 CRL.P No. 4171 of 2024 c/w CRL.P No.6805 of 2025, CRL.P No.296 of 2025 HC-KAR iv. In Crl.P.No.296/2025, the impugned proceedings in C.C.No.5247/2023 arising out of PCR No.18478/2021 for the offences punishable under Sections 107, 120B, 354, 441, 499, 500, 504, 506 and 509 of IPC on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Rv/MDS List No.: 1 Sl No.: 8 CT: BHK/UR