Criminal Petition No. 10569 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10569 OF 2024 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO.6740 OF 2024 CRIMINAL PETITION NO.14114 OF 2024 CRIMINAL PETITION NO.356 OF 2025 IN CRL.P No. 10569/2024 BETWEEN: 1. SMT. CHANNAMMA W/O. LATE CHIKKA CHANNAPPA, AGED ABOUT 70 YEARS, 2. SRI. CHANDRAPPA S/O. LATE CHIKKACHENNAPPA, AGED ABOUT 54 YEARS, PETITIONER NO.1 AND 2 ARE R/O. PILLAGUNDALAHALLI, SETTIGERE (MAJARE), MANDIKAL HOBLI, CHIKKABALLAPURA TALUK - 562 104, CHIKKABALLAPURA DISTRICT. (BY SRI HARISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PERESANDRA POLICE, GUDIBANDE CIRCLE-561 209, CHIKKABALLAPURA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad …PETITIONERS - 2 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025
Legal Reasoning
2. SMT. SHOBHA W/O. VENKATESHAPPA, AGED ABOUT 33 YEARS, R/O. PILLAGUNDALAHALLI, CHIKKABALLAPURA TALUK-562 104, CHIKKABALLAPURA DISTRICT. (BY SRI JAGADEESHA B.N., SPL. PP FOR R1; SRI S.R.SREEPRASAD, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONERS BY THE LEARNED CIVIL JUDGE AND JMFC, GUDIBANDE IN CC NO. 59/2023 DATED 23/02/2023 AND QUASH OF CHARGE SHEET FILED BY THE R1 / PERESANDRA POLICE AGAINST THE PETITIONERS IN CRIME NO. 0221/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 354(b), 323, 324, 504, 506, 143, 147 AND 149 OF INDIAN PENAL CODE, BY ALLOWING THIS CRIMINAL PETITION AND ETC., IN CRL.P NO. 6740/2024: BETWEEN: 1. SRI RAVI @ RAVICHANDRA P. C., S/O CHIKKACHANNAPPA AGED ABOUT 42 YEARS. 2. SMT. BINDU G. M., W/O. RAVI @ RAVICHANDRA, AGED ABOUT 27 YEARS, PETITIONER NO.1 AND 2 ARE R/O: PILLAGUNDALAHALLI, SETTIGERE (MAJARE) MADIKAL HOBLI, CHIKKABALLAPURA TALUK – 562 104, CHIKKABALLAPURA DISTRICT. (BY SRI HARISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PERESANDRA POLICE, GUDIBANDE CIRCLE-561 209, ...PETITIONERS - 3 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 CHIKKABALLAPURA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SHOBHA W/O. VENKATESHAPPA, AGED ABOUT 33 YEARS, R/O. PILLAGUNDALAHALLI, CHIKKABALLAPURA TALUK-562 104, CHIKKABALLAPURA DISTRICT. (BY SRI JAGADEESHA B.N., SPL. PP FOR R1; SRI S.R.SREEPRASAD, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONERS BY THE LEARNED CIVIL JUDGE AND JMFC, GUDIBANDE IN CC NO. 59/2023 DATED 23/02/2023 AND QUASH OF CHARGE SHEET FILED BY THE R1 / PERESANDRA POLICE AGAINST THE PETITIONERS IN CRIME NO. 0221/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 354(b), 323, 324, 504, 506, 143, 147 AND 149 OF INDIAN PENAL CODE, BY ALLOWING THIS CRIMINAL PETITION AND ETC., IN CRL.P NO. 14114/2024: BETWEEN: 1. MS SHOBHA D/O. VENKATESHAPPA, AGED ABOUT 33 YEARS, PILLAGUNDALAHALLI VILLAGE, CHIKKABALLAPUR TALUK AND DISTRICT – 562 101. 2. SRI DODDACHANAPPA S/O LATE VENKATARAYAPPA, AGED ABOUT 74 YEARS, PILLAGUNDALAHALLI VILLAGE, - 4 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 ...PETITIONERS CHIKKABALLAPUR TALUK AND DISTRICT – 562 101. (BY SRI S.R.SREEPRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PERESANDRA POLICE, GUDIBANDE CIRCLE-561 209, CHIKKABALLAPURA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. MS.C.RAMYA W/O LATE VENKATAREDDY, AGED ABOUT 37 YEARS, PILLAGUNDALAHALLI VILLAGE, CHIKKABALLAPUR TALUK AND DISTRICT – 562 101. (BY SRI JAGADEESHA B.N., SPL. PP FOR R1; SRI HARISH N.R., ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P FILED U/S.582 BNSS, PRAYING TO QUASH THE ENTIRE FINAL REPORT/CHARGE SHEET IN C.C.NO.72/2023 FILED BY THE PERESANDRA POLICE AGAINST THE PETITIONER PURSUANT TO CRIME NO.0220/2022 FOR THE OFFICE PUNISHABLE UNDER SECTION 354(B), 323, 504, 506 READ WITH SECTION 34 OF INDIAN PENAL CODE ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DVN), GIDIBANDE, BY ALLOWING THIS CRIMINAL PETITION AND ETC., IN CRL.P NO. 356/2025: BETWEEN: 1. SMT. RAMYA C W/O. LATE VENKATAREDDY, AGED ABOUT 42 YEARS. - 5 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 2. SRI ROOPA S/O. CHANDRAPPA AGED ABOUT 32 YEARS. PETITIONER NO.1 AND 2 ARE R/O: PILLAGUNDALAHALLI VILLAGE, CHIKKABALLAPURA TALUKA – 562 101, CHIKKABALLAPURA DISTRICT. (BY SRI HARISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PERESANDRA POLICE, GUDIBANDE CIRCLE-561 209, CHIKKABALLAPURA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SHOBHA W/O. VENKATESHAPPA AGED ABOUT 33 YEARS, R/O: PILLAGUNDALAHALLI VILLAGE, CHIKKABALLAPURA TALUKA – 562 101, CHIKKABALLAPURA DISTRICT. (BY SRI JAGADEESHA B.N., SPL. PP FOR R1; SRI S.R.SREEPRASAD, ADVOCATE FOR R2) ...PETITIONERS …RESPONDENTS THIS CRL.P FILED U/S.482 CODE OF CRIMINAL PROCEDURE., PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONERS BY THE LEARNED CIVIL JUDGE AND JMFC, GUDIBANDE IN C.C.NO.59/2023 DATED 23.02.2023 AND QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1/PERESANDRA POLICE AGAINS THE PETITIONER IN CRIME NO.0221/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 354(B), 323, 324, 504, 506, 143, 147 AND 149 OF INDIAN PENAL CODE BY ALLOWING THIS CRIMINAL PETITION AND ETC., - 6 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER The petitioners in all these cases calling in question proceedings in C.C.Nos.59/2023 and 72/2023 on the file of the Civil Judge and JMFC, Gudibande. 2. The issue is a case and a counter case. The offences against each other are the one punishable under Sections 354B, 323, 324, 504, 506 read with Section 34, 143, 147, 149 of the IPC and inter alia. 3. During the pendency of the subject petition, the parties to the lis, both in the case and counter case, have entered into a settlement and by drawing up certain terms of compromise. 4. The terms of compromise as drawn by the petitioners and the respondents read as follows : “The petitioners and respondent No.2 in the above noted petitions most humbly state as under:- - 7 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 1. The petitioners in Crl.P.No.356/2025, Cr.P.No.10569/2024 and Crl.P.No.6740/2024 are the accused No.1, 3, 4, 5, 6 and 7 in C.C.No.59/2023, pending on the file of learned Civil Judge and JMFC, Gudibande for the offence punishable under Section 354(B), 323, 324 504, 506, 143, 147 and 149 of IPC. The petitioners in Crl.P.No.14114/2024 are the accused No.1 and 4 in CC. No.72/2023 pending on the file of learned Civil Judge and JMFC, Gudibande for the offence punishable under Section 354B, 323, 504, 506, 34 of IPC. The above said petitions have been filed seeking quashment of proceedings registered against them in CC.No.59/2023 and CC.No.72/2023 pending on the file of learned Civil Judge and JMFC, Gudibande arising out of Crime No.220/2022 and Crime No.221/2022, registered by the respondent No.1/Peresandra Police. The same Investigating Officer filed final report in both the cases. 2. There is a Civil dispute between the parties and the criminal cases filed by the respective de-facto complainant is the off shoot of the civil proceedings. In order to have continuous cordial relationship between the parties, the parties have filed this petition for compounding the offences. 3. The respondent No.2 in Crl.P.No.356/2025. Crl.P.No.10569/2024 and Crl.P.No.6740/2024 filed complaint before the respondent No.1/Police, which came to be registered in Crime No.221/2022 against the petitioners. The respondent No.2 in Crl.P.No.14114/2024 - 8 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 filed complaint before the respondent No.1/Police, which came to be registered in Crime No.220/2022. 4. The petitioners and respondent No.2 in the above said cases are the neighbors and by the intervention of the elders, friends and well-wishers, they agreed to settle the dispute and live peacefully. There is no force, coercion, threat for entering in to this compromise. The compromise is voluntary one and that the compromise is legally valid. 5. The respondent No.2 in Crl.P.No.356/2025, Crl.P.No.10569/2024 and Crl.P.No.6740/2024 and respondent No.2 in Crl.P.No.14114/2024 have no objection to quash the proceedings registered against the each other and against other petitioners. Wherefore, the petitioners and respondent No.2 in Crl.P.No.356/2025, Crl.P.No.10569/2024 Crl.P.No.6740/ 2024 and Crl.P.No.14114/2024 humbly pray that this Hon'ble Court may kindly be pleased to permit them to compound the offences and further be please to quash the proceedings in CC.No.59/2023, pending on the file of learned Civil Judge and JMFC, Gudibande for the offence punishable under Section 354(B), 323, 324, 504, 506, 143, 147 and 149 of IPC and CC.No.72/2023 pending on the file of learned Civil Judge and JMFC, Gudibande for the offence punishable under Section 354(B), 323, 324, 504, 506, 34 of IPC, in the interest of justice. - 9 - NC: 2025:KHC:4452 CRL.P No. 10569 of 2024 C/W CRL.P No. 6740 of 2024 CRL.P No. 14114 of 2024 CRL.P.NO.356 of 2025 5. In the light of the offences being the one punishable as aforequoted and not being heinous against the State, I deem it appropriate to accept the petitions for compounding of the offences and close the proceedings against these petitioners. 6. For the aforesaid reasons, the following:
Decision
ORDER (i) The petitions are disposed. (ii) The proceedings in C.C.Nos.59/2023 and 72/2023, on the file of the Civil Judge and JMFC, Gudibande, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 19 Sl No.: 25