✦ Karnataka High Court

(BY SRI. P. M. SIDDAMALLAPPA., ADVOCATE) v. BANGALORE – 560 054

Criminal Petition No. 8225 of 2018N S SANJAY GOWDA3 min read

Case at a glance

Bench
N S SANJAY GOWDA
Neutral citation
2024:KHC:23067

Provisions considered

Key paragraphs

  • Para 55. In the light of this fact, there would be no justification to continue the proceedings against the petitioners and therefore, the same are quashed.

Judgment

1. SRI. M.L. VIJAYA KUMAR, SON OF LINGAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.26, 4TH CROSS, 8TH MAIN, SBM COLONY, MATHIKERE, BANGALORE-560 054.

2. SMT. PADMA VIJAYA KUMAR, WIFE OF M. L. VIJAYA KUMAR, AGED ABOUT 44 YEARS, RESSIDING AT NO.26 4TH CROSS, 8TH MAIN SBM COLONY,MATHIKERE BANGALORE - 560 054.

3. SRI. J.S. GOPAL KRISHNA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA SON OF J.S. SATYANARAYANA SETTY, AGED ABOUT YEARS RESSIDING AT NO.26, 4TH CROSS, 8TH MAIN, SBM COLONY,MATHIKERE, BANGALORE - 560 054.

4. SMT. J.G PRATHIBA, WIFE OF J.S. GOPALA KRISHNA, AGED ABOUT 54 YEARS, RESIDING AT NO.26, 4TH CROSS, 8TH MAIN, SBM COLONY,MATHIKERE BANGALORE - 560 054. - 2 - NC: 2024:KHC:23067 CRL.P No. 8225 of 2018

5. SMT. J. G. RACHNA, WIFE OF M.N. RAJESH, AGED ABOUT 29 YEARS, RESIDING AT NO.26, 4TH CROSS, 8TH MAIN, SBM COLONY, MATHIKERE BANGALORE – 560 054.

6. SRI. M.N. RAJESH, SON OF NARAYAN, AGED ABOUT 30 YEARS, RESIDING AT NO.26 4TH CROSS, 8TH MAIN SBM COLONY,MATHIKERE BANGALORE – 560 054. (BY SRI. P. M. SIDDAMALLAPPA., ADVOCATE) …PETITIONERS AND:

1.

THE STATE OF KARNATAKA YESHWANTHAPURA POLICE, BANGALORE CITY REPTD. BY ITS SSP HIGH COURT BUILDING BANGALORE - 560 001.

2.

SRI. SRINIVAS, SON OF JEEMA VENKATARAYAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.23, 1ST FLOOR, 4TH CROSS, SBM COLONY,MATHIKERE BANGALORE – 560 054. …RESPONDENTS (BY SMT. WAHEEDA M. M., HCGP FROR R1, SRI. PRASANNA V.R., ADVOCATE FOR R2) THIS CRL.P FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASHED THE FIR PROSECUTION - 3 - NC: 2024:KHC:23067 CRL.P No. 8225 of 2018 INITIATED IN CRIME NO.338/2018 OF THE FIRST RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION- 3(1)(r),3(1)(s) OF SCHEDULED CASTES AND SCHEDULED TRIBES AMENDMENT ORDINANCE, 2014 READ SECTION 504,506 READ WITH SEC.34 OF IPC. (PREVENTION OF ATROCITIES) THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

1. This petition is filed challenging the initiation of criminal proceedings against the petitioners for the offences punishable under Sections 3(1)(r), 3(1)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 read with Sections 504, 506 and 34 of the IPC.

2. It is not in dispute that the petitioners herein had initiated criminal proceedings against the 2nd respondent herein for the offences punishable under Sections 341, 323, 354 and 504 of the IPC and, thereafter, the 2nd respondent lodged a complaint against the petitioners, which is the subject matter of this petition. - 4 - NC: 2024:KHC:23067 CRL.P No. 8225 of 2018

3.

Learned counsel for the 2nd respondent places on record the order of acquittal dated 03.11.2023 made in favour of the 2nd respondent in C.C.No.630/2019. It is noticed that in the said judgment, the Court has categorically recorded as follows: “Here the PW.1 and 2 turned hostile, in the cross examination they have categorically admitted that, accused compromised the matter.”

4.

The complainant, who is a practicing advocate, is present before the Court and submits that the parties have compromised the matter.

5.

In the light of this fact, there would be no justification to continue the proceedings against the petitioners and therefore, the same are quashed.

6.

The petition is accordingly allowed. PKS/List No.: 1 Sl No.: 47 Sd/- JUDGE

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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