Maruti S/O Hanuamantappa Gudiyavara vs State Of Karnataka
2024 Latest Caselaw 647 Kant

Karnataka High Court

Maruti S/O Hanuamantappa Gudiyavara vs State Of Karnataka on 8 January, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                               -1-
                                                        NC: 2024:KHC-D:334
                                                      CRL.P No. 102949 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 8TH DAY OF JANUARY, 2024

                                             BEFORE

                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                             CRIMINAL PETITION NO. 102949 OF 2023

                   BETWEEN:

                   MARUTI S/O HANUAMANTAPPA GUDIYAVARA,
                   AGE. 35 YEARS, OCC. AGRICULTURE,
                   R/O. ITAGI VILLAGE, TQ. RANEBENNUR
                   & DIST. HAVERI-581208.
                                                                   ... PETITIONER
                   (BY SRI. NAVEEN CHATRAD, ADVOCATE)

                   AND:

                   1.   STATE OF KARNATAKA,
                        THROUGH RANEBENNUR TOWN POLICE STATION,
                        R/BY ITS ADDL. STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        DHARWAD BENCH, DHARWAD.

                   2.   VASAPPA S/O GOVINDAPPA BANUVALLI,
                        AGE. 78 YEARS, OCC. AGRICULTURE,
MANJANNA                R/O. ITAGI VILLAGE, TQ. RANEBENNUR
E                       & DIST. HAVERI-581208.
Digitally signed
by MANJANNA E                                                    ... RESPONDENTS
Date: 2024.01.09
11:31:52 +0530     (BY SRI. P.N. HATTI, HCGP FOR R1;
                    SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R2)

                        THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                   SEEKING TO QUASH THE CRIMINAL PROCEEDINGS IN CRIME
                   NO.155/2023 OF RANEBENNUR TOWN PS BY THE RESPONDENT NO.2
                   FOR THE OFFENCE P/U/SEC. 419, 420, 465, 468, 471 AND 506 OF
                   IPC PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.)
                   AND CJM, RANEBENNUR AGAINST THE ACCUSED/ PETITIONER IS
                   CONCERNED.

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                    -2-
                                             NC: 2024:KHC-D:334
                                            CRL.P No. 102949 of 2023




                                 ORDER

1. This criminal petition arises out of the complaint

filed by the 2nd respondent, on the basis of which a crime was

registered in Crime No.155/2023 of Ranebennur Town police

station for the offences punishable under Sections 419, 420,

465, 468, 471 and 506.

2. Both parties along with the learned counsel

representing the respective parties are present.

3. Today, the petitioner has filed an application for

compounding the offences punishable under Sections 419, 420,

465, 468, 471 and 506 on the ground that the petitioner had

filed suit in O.S.No.180/2023 seeking for specific performance

of agreement of sale. During the pendency of the said suit, the

2nd respondent had initiated the Criminal Proceedings.

4. It is stated that the parties have settled their

differences and the petitioner has executed a registered

cancellation of the agreement of the sale deed on 28.12.2023.

A copy of which is also produced along with the joint memo.

5. It is also stated that the respondent No.2 has

agreed to withdraw all the allegations made in Crime

NC: 2024:KHC-D:334

No.155/2023 and he has no objection for quashing of the

proceedings in Crime No.155/2023. It is also undertaken that

after the disposal of this petition, the petitioner has agreed to

withdraw O.S.No.180/2023 i.e. pending before the Senior Civil

Judge and JMFC, Ranebennur.

6. In my view, it is a fit case to compound the offence

and quash the proceedings in the light of the judgment

rendered by the Hon'ble Apex Court in the case of Gian Singh

vs State Of Punjab & Anr reported in 2012(10) SCC 303.

Accordingly accepting the joint memo, the petition is allowed in

terms of the joint memo.

Sd/-

JUDGE

VB CT:BCK