Citation : 2023 Latest Caselaw 4494 Kant
Judgement Date : 14 July, 2023
-1-
NC: 2023:KHC:24507
CRL.P No. 5624 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5624 OF 2023
BETWEEN
1 . MR. VEDANT DAGGAR
@ AAGAM VEDANTH DUGAR
S/O SANJAY DUGAR
AGED ABOUT 30 YEARS
R/AT B-2, KINGS HOUSE
4/7, MILLERS ROAD
OPPOSITE TO VIKRAM
HOSPITAL, VASANTH NAGAR
BENGALURU -560 001.
Digitally signed ...PETITIONER
by PADMAVATHI
BK (BY SRI. BIPIN HEGDE, ADV.,)
Location: HIGH
COURT OF
KARNATAKA AND:
1 . STATE OF KARNATAKA
BY R.T. NAGAR POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT
BENGALURU - 560 001.
2 . MR. DARSHAN GOVINDARAJU
S/O GOVINDARAJU
AGED ABOUT 30 YEARS
R/A NO.11, 37TH CROSS
JAYANAGARA
BENGALURU - 560 082.
...RESPONDENTS
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NC: 2023:KHC:24507
CRL.P No. 5624 of 2023
(BY SRI. MAHESH SHETTY, HCGP FOR R-1;
SRI BHARATH KUMAR V, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
FIR IN CR.NO.180/2023 REGISTERED WITH RESPONDENT NO.1
POLICE STATION, PENDING ON THE FILE OF THE XXXII ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR THE
OFFENCES P/U/S 504,307 OF IPC, 1860 AND ETC.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court calling in question
the FIR in Crime No.180/2023.
2. During the pendency of the petition, the parties to the
lis have settled the dispute amongst themselves.
3. Before the matter could be taken up for recording the
compromise and closing the case, it appears that the police
after investigation have filed a charge sheet for the offences
punishable under Sections 326 & 504 of IPC.
4. In the light of the compromise/settlement arrived at
between the parties and even the offences laid under the
charge sheet being compoundable, I deem it appropriate to
accept the application filed under Section 320 Cr.PC and
NC: 2023:KHC:24507 CRL.P No. 5624 of 2023
obliterate the proceedings against the petitioners. The affidavit
so filed by the complainant reads as follows:
"1. I am the respondent no.2 in the above said case and I am well aware with the facts and circumstances of the case and competent to swear to this affidavit.
2. I state that the present petition is filed under Section 482 of the Code of Criminal Procedure seeking to quash the further proceedings against the petitioner in FIR 180/2023 registered with respondent no.1 Police and pending on the file of XXXII Addl. Chief Metropolitan Magistrate, at Bangalore.
3. I state that FIR No.180/2023 came to be registered by the respondent no.1 Police on the information dated 10.06.2023 preferred by me and thereafter the petitioner has been imputed as accused for the offences under Section 504 and 307 of IPC.
4. I state that the information dated 10.06.2023 was preferred due to an physical assault made by the petitioner on me and the same had the effect of bringing the FIR No.180/2023 registered with the respondent no.1 Police into the domain of judgment rendered by the Hon'ble
NC: 2023:KHC:24507 CRL.P No. 5624 of 2023
Supreme Court of India in Crl.A.No.349/2019 dated 05.03.2019.
5. I state that today as me and my family have resolved to pardon the petitioner and therefore having concluded to not precipitate the issue further, have resolved to express No Objection to allowing the present petition. I am not interested in prosecuting the present matter in C.C.No.17207/23.
6. I state that in view of my resolution and further, in view of the intervention of the elders in my family and the apologies rendered by the petitioner and his father i.e., Mr. Sanjay Duggar sincerely express their apologies to me and my family.
7. I state that me and my family have come to an understanding and have decided to close the issue between me and the petitioner without recourse to any criminal trial.
8. This affidavit is made in my free will without coercion.
Wherefore, I humbly pray that this Hon'ble Court be pleased to accept the present affidavit and consequently allow the present petition and thereby quash the FIR No.180/2023 registered with the
NC: 2023:KHC:24507 CRL.P No. 5624 of 2023
respondent no.1 Police and C.C.No.17207/2023 pending on the file of XXXII Addl. Chief Judicial Magistrate at Bangalore and any consequential final report filed by the respondent no.1 police, in the interest of justice."
5. For the aforesaid reasons, the criminal petition is
disposed of. The proceedings in C.C.No.17207/2023 pending on
the file of the XXXII Addl. Chief Metropolitan Magistrate,
Bengaluru, stands quashed against the petitioners.
6. The settlement and closure of the proceedings be
forthwith communicated to the Jail Superintendent/authorities
and the petitioner be released in the light of the closure of the
proceedings on such compromise.
7. Ordered accordingly.
Sd/-
JUDGE
KK
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