Criminal Petition No. 12893 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12893 OF 2024 BETWEEN: …PETITIONER
Legal Reasoning
SRI. K. NARENDRA KUMAR, S/O LATE SRI. KANTA PRASAD, AGED ABOUT 65 YEARS, RESIDING AT NO. 89, 1ST MAIN ROAD, 10TH CROSS, MALLESHWARAM, BANGALORE NORTH BANGALORE - 560 003, AADHAR NO. 8208 4540 7296. (BY SRI. MOHAMMED AKHIL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DOBBASPET STATE POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALORE - 560 001. 2. SRI. CHITHRALINGAIAH, S/O KARIYANNA, AGED ABOUT 18 YEARS, RESIDING AT DODDAHATTI, KASABA HOBLI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 MADHUGIRI TALUK, TUMAKURU - 572 132. …RESPONDENT (BY SRI. MOHAMMED JAFFER, AGA FOR R1; SRI. MOHAMMED TAHIR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS, PENDING BEFORE THE HONBLE COURT OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, NELAMANGALA FOR THE OFFENCE P/US/ 105 OF BNS 2023 AND U/S.,7, 9 OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT 2013, IN CRIME NO.261/2024 THE ORDER SHEET AND FIR ATTACHED HEREWITH AS DOCUMENT NO.1 AND 2 RESPECTIVELY. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The subject petition was heard and reserved for Orders. 2. Learned counsel appearing for the petitioner has moved the matter on the score that he had some more submissions to make and therefore, the matter was listed for Further hearing. - 3 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 3. During the pendency of the subject petition, the parties to the lis have now settled the dispute amongst themselves and have filed a Joint Memo. The complainant is also present before the Court, who acknowledges all the conditions of the settlement being fulfilled and has also filed an affidavit to that effect. The joint memo reads as follows: "JOINT MEMO FILED BY PETITIONER AND RESPONDENT NO.2 OF DECEASED (SRI. LINGARAJU AND SRI NAVEEN) The Petitioner and Respondent No.2 and submits to this Hon'ble Court under 1. That the Petitioner, the Respondent No.2 and the Legal Representatives / heirs of the deceased (Sri. Lingaraju and Sri. Naveen) has amicably resolved the dispute between them. Hence, in view of the settlement arrived between the parties the Respondent No.2 prays to this Hon'ble Court to quash the criminal proceedings in the interest of justice and equity. 2. The Petitioner through his partnership firm has paid the Respondent No.2 and the Legal Representatives heirs of the deceased (Sri. Lingaraju and Sri. Naveen) in the following manner: Details of payment made to Legal Representatives heirs of the deceased (Sri. Lingaraju): i. Rupees 5,00,000/- (Rupees Five Lakhs) is paid to Chithralingaiah (brother of deceased Lingaraju) through Cheque No. 003252, dated 01/11/2024 drawn on HDFC Bank, Malleshwaram Branch Bangalore: ii. Rupees 5,00,000/- (Rupees Five Lakhs) is paid jointly to Lakshmamma (mother of deceased Lingaraju) and Kavya B S (wife of deceased Lingaraju) through Cheque No. 003251, dated 01/11/2024 drawn on HDFC Bank, Malleshwaram Branch Bangalore; - 4 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 iii. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to Lakshmamma (mother of deceased Lingaraju) through Cheque No. 003330, dated 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore; iv. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to Kavya BS (wife of deceased through Cheque No. 003331, dated Lingaraju) 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore; The Petitioner through its Firm has paid a total sum of Rupees 15,00,000/- (Rupees Fifteen Lakhs) to (ie, the Chithralingaiah, Lakshmamma and Kavya B S) as full and final settlement and the same is acknowledged by them. Legal Representatives heirs aforesaid Details Legal Representatives /heirs of the deceased (Sri. Naveen): of payment made to i. Rupees 500,000/- (Rupees Five Lakhs) is paid to Bhagyamma (mother of deceased Naveen) through Cheque No. 003253, dated 01/11/2024 drawn on HDFC bank, Malleshwaram Branch Bangalore; ii. Rupees 500,000/- (Rupees Five Lakhs) is paid to Bhagyamma (mother of deceased Naveen) through Cheque No. 003254, dated 01/11/2024 drawn on HDFC bank. Malleshwaram Branch Bangalore. Out of the said amount, Bhagyamma has paid an amount of Rupees 2,50,000 to E Mani (wife of deceased Naveen); iii. Rupees 500,000/- (Rupees Five Lakhs) is paid jointly to Bhagyamma (mother of deceased Naveen) and E Mani (wife of deceased Naveen) through Cheque No. 003332, dated 04/01/2025 drawn on HDFC bank, Malleshwaram Branch Bangalore. The Petitioner through its Firm has paid a total sum of Rupees 15,00,000/- (Rupees Fifteen Lakhs) to the aforesaid Legal Representatives/Legal heirs (ie. Bhagyamma, E Mani) as full and final settlement. 3. 4. 5. - 5 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 The above compensation amount paid to the Legal Representatives/heirs of (Sri. Lingaraju and Sri. Naveen) was recorded in The Karnataka State Safai Karmacharigala Aayoga, Bengaluru, the deceased The total compensation of Rs. 60,00,000/- (Rupees Sixty Lakhs) received by the legal the deceased (Sri. Representatives heirs of Lingaraju and Sri. Naveen) out of which Rs.30,00,000/-(Rupees Thirty Lakhs) is paid by the Petitioner through its Firm Asha Sweets and another Rs. 20,00,000/-(Rupees Thirty Lakhs) is paid by J. R. Aqua Engineering, who is the Employer of deceased (Sri. Lingaraju and Sri. Naveen). In view of the aforementioned settlement the Legal Representatives /heirs of the deceased (Sri. Lingaraju and Sri. Naveen) have no objections and Legal claim against Representatives/heirs of (Sri. Lingaraju and Sri. Naveen) have acknowledged the aforesaid payment having been received by them as full and final settlement. the deceased Petitioner. The 6. The Petitioner and Respondent No.2 (Complainant) the criminal have no objection proceeding by allowing the captioned Petition in the interest of justice and equity. to quash Therefore, the Petitioner and Respondent No. 2 jointly prays to this Hon'ble Court to quash the F. I. R. in Crime No. 0261/2024 for the offence punishable under Section 105 of B. N. S Act and Section 7 and 9 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 pending before Principal Civil Judge (Jr. Dvn) and J. M. F. C Court Nelamangala, Bangalore all further proceedings thereof in the interest of justice and equity." - 6 - NC: 2025:KHC:9524 CRL.P No. 12893 of 2024 4. In the light of the said circumstances, I deem it appropriate to accept the settlement and close the proceedings against the petitioner. 5. For the aforesaid reasons, the following: (i) (ii)
Decision
ORDER The petition stands disposed. Proceedings pending in Crime No.261/2024 qua the petitioner stands quashed. Sd/- ______________________ JUSTICE M.NAGAPRASANNA SJK List No.: 2 Sl No.: 12 CT: BHK