Karnataka High Court
Sri. Jayanna.S vs The State Of Karnataka on 31 August, 2023
Bench: K.Natarajan
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NC: 2023:KHC:31664
CRL.P No. 7178 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 7178 OF 2023
BETWEEN:
1. SRI. JAYANNA.S.,
S/O LATE SIDDE GOWDA,
AGED ABOUT 66 YEARS,
R/AT ARALALUSANDRA VILLAGE,
THUNGANI POST,
KASABA HOBLI,
KANAKAPUR TALUK,
RAMANAGAR
DISTRICT - 562 117.
2. SRI. A.P.RAJU,
S/O SRI. PUTTASWAMY GOWDA,
Digitally AGED ABOUT 41 YEARS,
signed by R/AT ARALALUSANDRA VILLAGE,
SUCHITRA M J THUNGANI POST,
Location: High
Court of KASABA HOBLI,
Karnataka KANAKAPUR TALUK,
RAMANAGARA
DISTRICT - 562 117.
3. SRI. SHIVAPPA,
S/O SRI. MADDIRE GOWDA,
AGED ABOUT 61 YEARS,
R/AT ARALALUSANDRA VILLAGE,
THUNGANI POST,
KASABA HOBLI,
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CRL.P No. 7178 of 2023
KANAKAPUR TALUK,
RAMANAGARA
DISTRICT - 562 117.
4. SRI. SHIVAMADAIAH,
S/O SRI. MADAIAH,
AGED ABOUT 66 YEARS,
R/AT RAMANAHALLI VILLAGE,
SHIVANAHALLI POST,
KASABA HOBLI,
KANAKAPUR TALUK,
RAMANAGAR
DISTRICT - 562 117.
5. SRI. R.U.LOKESH,
S/O SRI. VEERABHADRAIAH,
AGED ABOUT 38 YEARS,
R/AT RAMANAHALLI VILLAGE,
SHIVANAHALLI POST,
KASABA HOBLI,
KANAKAPUR TALUK,
RAMANAGAR
DISTRICT - 562 117.
6. SRI. MUTHAIAH,
S/O SRI. HOLASALAIAH,
AGED ABOUT 48 YEARS,
R/AT HANUMANHALLI VILLAGE,
SHIVANAHALLI POST,
KASABA HOBLI,
KANAKAPUR TALUK,
RAMANAGAR
DISTRICT - 562 117.
7. SRI. NAGARAJ,
S/O SRI. MARE GOWDA,
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CRL.P No. 7178 of 2023
AGED ABOUT 71 YEARS,
R/AT GENDEKERE VILLAGE,
FARM HOUSE IN SURVEY NO.102/2,
KANAKAPUR TALUK,
RAMANAGAR
DISTRICT - 562 117.
8. SRI. KRISHNAMURTHY,
S/O SRI. MARE GOWDA,
AGED ABOUT 66 YEARS,
R/AT MAREGONDANA DODDI,
ARALALUSANDRA VILLAGE,
THUNGINI POST,
KANAKAPUR TALUK,
RAMANAGARA
DISTRICT - 562 117.
...PETITIONERS
(BY SRI. GANAPATHY BHAT VAJRALLI, ADVOCATE FOR P1,
P4 TO P8;
P2 AND P3 REPORTED TO BE DEAD AS PER ADVOCATE FOR
PETITIONERS)
AND:
1. THE STATE OF KARNATAKA,
CUBBON PARK POLICE STATION,
KASTURBA ROAD,
BENGALURU - 560 001,
REPRESENTED BY ITS
PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SMT. THIMMAMMA,
D/O LATE GOVINDA SHETTY,
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NC: 2023:KHC:31664
CRL.P No. 7178 of 2023
AGED ABOUT 67 YEARS,
R/AT ARALALUSANDRA VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA
DISTRICT - 562 117.
PRESENTLY RESIDING AT:
NO.3, E2 BLOCK, CEMENT LINE,
POLICE QUARTERS,
NEELASANDRA,
ASHOKANAGAR,
BENGALURU - 560 047.
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1;
SRI.RAKESH BHATT, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14234/2021
PENDING BEFORE THE IV ACMM, BANGALORE AS AGAINST THE
PETITIONERS REGISTERED BY THE 1st RESPONDENT i.e.,
CUBBON PARK POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 7178 of 2023
ORDER
This petition filed by the petitioners-accused Nos.1 and 4
to 8 under Section 482 of Cr.P.C., for quashing criminal
proceedings in C.C.No.14234/2021 pending on the file of III
Additional Chief Metropolitan Magistrate, Bengaluru, arising out
of Crime No.84/2016 on the private complaint referred by the
Court in PCR.No.4315/2016 and charge sheeted for the
offences punishable under Sections 427, 506, 149, 120B, 419,
406, 465, 468, 467, 471, 470, 420, 417 of IPC.
2. During the course of pendency of the petition, both
petitioners and respondent No.2 appeared through counsels
and filed joint compromise application under Section 482 of
Cr.P.C.
3. Learned counsel for the petitioners and respondent
No.2 submits that the parties also litigated before the Civil
Court in O.S.No.122/2016, which was attained finality by
compromise between the parties. The judgment and decree
passed by the trial Court is also produced. The petitioners as
well as respondent No.2 submits that they have settled their
issues.
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CRL.P No. 7178 of 2023
4. Considering the facts and circumstances of the
case, I.A.No.1/2023 is allowed; parties are permitted to
compound offences. Consequently, petition is allowed and
criminal proceedings against petitioners-accused Nos.1 and 4
to 8 are hereby quashed.
Sd/-
JUDGE
SMJ
