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2023 Supreme(Online)(Kar) 29026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF JULY, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11009 OF 2022 BETWEEN:
SRI SADASHIVA SON OF MALLANNA AGED ABOUT 39 YEARS RESIDING AT NO.560 NEAR WATER TANK, 4TH CROSS 8TH MAIN ROAD, ATTUR LAYOUT YELAHANKA BENGALURU – 560 064.
…PETITIONER (BY SRI. MURTHY NAYAK B L., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA PADMAVATHI B K BY YELAHANKA NEW TOWN POLICE Location: H IGH COURT OF BENGALURU CITY KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. GAJENDRA REDDY SON OF BALAKRISHNA REDDY AGED ABOUT 53 YEARS R/AT SITE NO.19, 7TH MAIN ROAD ATTUR LAYOUT YELAHANKA BENGALURU – 560 064.
…RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR R-1;
SRI KEMPARAJU., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CR.NO.221/2022 REGISTERED BY THE RESPONDENT NO.1 POLICE ON 21.07.2022 FOR THE ALLEGED OFFENCE P/U/S 427, 506, 504, 419, 420, 447, 465, 468, 471 R/W 34 OF IPC PENDING ON THE FILE OF XXX ADDL.C.M.M., BENGALURU AGAINST THE PETITIONER/ACCUSED NO.4.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question investigation / proceedings in Crime No.221/2022, pending before the 30th ACMM, Bengaluru, registered for the offences punishable under Sections 427, 504, 506, 419, 420, 447, 465, 468, 471 and 34 of the IPC.
2. Learned counsel appearing for the petitioner and respondent No.2 in unison would submit that the parties to the lis have settled the dispute among themselves and file a joint memo seeking permission to compound the offences. The terms of settlement also recognizes the closure of the impugned proceedings.
3. The relevant paragraph of the joint memo, reads as follows:
“3. That the Respondent No.2 had lodged a complaint before the Respondent No.1 police against the petitioner and another with regard to property dispute and case has been registered in FIR No.221/2022 for the offence punishable under section 427, 506, 504, 419, 420, 447, 465, 468, 471, 34 of Indian Penal Code and the same is pending before the 30th ACMM at Bengaluru and he is arrayed as Accused No.4, wherein the Respondent No.2 has agreed to withdraw the complaint lodged by him in Crime No.221/2022 as the dispute has been settled between the parties.”
In the light of the afore-extracted joint memo filed by the parties for having arrived at settlement, though the offences alleged are ones punishable under Sections 427, 504, 506, 419, 420, 447, 465, 468, 471 and 34 of the IPC, I deem it appropriate to obliterate the proceedings initiated against the petitioner.
4. For the aforestated reasons, the following:
ORDER
i. The Criminal Petition is disposed.
ii. The investigation / proceedings in Crime No.221/2022, pending before the 30th ACMM, Bengaluru, stand quashed.
I.A.No.1/2022 is also disposed, as a consequence.
