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2025 Supreme(Online)(Kar) 15147

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI. Y.R.SADASIVA REDDY, MEMBER OF BAR COUNCIL – Appellant
Versus
SRI. SAINATH, ADVOCATE – Respondent
CRIMINAL PETITION NO. 6196 OF 2025



Advocates:
For the Appellants/Petitioners: M.R.NANJUNDA GOWDA
For the Respondent: ARAVINDA GOWDA PATIL N.P.

The court can quash criminal proceedings when the respondent expresses no objection, particularly in light of prior Supreme Court rulings.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Petition for quashing proceedings - Petitioners sought to quash proceedings under various sections of IPC including 120

(B) and 463 - The Respondent filed a memo stating no objection to the quash - Court found grounds to quash based on the respondent's submission and orders of the Supreme Court on related matters. (Para 4)

Facts of the case:
The petitioners, members of the Bar Council, sought quashing of proceedings against them for alleged offences under IPC sections. The sole respondent expressed no objection for the quashing based on Supreme Court orders.

Findings of Court:
The court agreed that the proceedings against the petitioners deserved to be quashed, corroborated by the respondent's stance and Supreme Court directives.

Issues: Main issue revolved around the validity of the proceedings against the petitioners in light of the respondent's non-objection.

Ratio Decidendi: The court ruled that the criminal proceedings could be quashed based on the lack of opposition from the respondent, supported by higher court rulings.

Result: The Criminal Petition is allowed and proceedings quashed.

Table of Content
1. petitioners seek quashing of criminal proceedings. (Para 2)
2. the respondent has no objection to quashing. (Para 3)
3. court finds grounds for quashing based on submitted objections. (Para 4)

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

" i) call for L.C.R. in Crl.Rev.Pet.No.434/2024 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru and also call for L.C.R. in P.C.R.No.10716/2023 on the file of the XLI Additional Chief Judicial Magistrate, Bengaluru;

ii) Quash the entire proceedings against the petitioners in Crl.Rp.No.434/2024, now which is pending on the file of the LII Additional City Civil and Sessions Judge, Bengaluru, for the offences p/u/s

120(b), 463, 464, 465, 469, 470 of IPC;

iii) pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice."

2. The sole respondent has filed a memo dated

16.06.2025 which reads as under:

"MEMO FILED BY THE RESPONDENT STATING NO OBJECTION TO QUASH THE ENTIRE PROCEEDINGS IN REV. PETITION NO.434/2024 ON THE FILES OF LII ADDITIONAL CITY CIVIL AND SESSION JUDGE, BENGALURU AND ALSO THE COGNIZANCE TAKEN IN PCR 10716/2023, BY ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE BENGALURU CONSEQUENT UPON THE UNDERTAKING GIVEN BY THE RESPONDENT BEFORE HON'BLE SUPREME COURT IN CIVIL APPEAL DIARY NO(S) 21497/2025 The Respondent most respectfully submits as follows;

1. The Respondent respectfully submits that, oblivious of very strong case in favour of the Respondent both on merits and in law, the Respondent do not wish to oppose or answer the various false, misleading and irresponsible statements like "the Respondent is a frustrated man etc" made in the above Criminal Petition filed by the petitioners, in view of the undertaking given by the Respondent in the Civil Appeal Diary NO (S) 21497/2025, before the Hon'ble supreme Court on 19/5/2025, under certain circumstances, which is recorded and passed the following orders;

"The application seeking permission to appear and argue in person is allowed. The appellant appearing in person states that he has no objection if an application for quashing the complaint and the cognizance order dated 25th September 2023 is allowed and the proceedings are quashed.

In view of the statement, which is recorded as undertaking, issue notice on the application for condonation of delay as well as on the Civil Appeal, returnable on 21st July, 2025.

It is only in view of the aforesaid undertaking given by the appellant appearing in person that we continue the interim order passed by this court in Civil Appeal No.4637/2023".

The said order is produced herewith as Annexure -A The Orders of Hon'ble Supreme Court in Civil Appeal No.4637/2023 as follows;

"Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondent No.3 Bar Council of India. None appears for the first and the second respondent.

It will be open for the appellant to apply for review of the impugned order by invoking Section 44 of the Advocates Act, 1961 within a period of one month from today.

If such application for review is made, the Bar Council of India will decide the application as expeditiously as possible.

Till the disposal of the application for review, the direction issued to suspend the appellant for a period of two years from practice will remain stayed On the failure of the appellant to apply for review within a period of one month from today, the aforesaid protection will come to an end automatically.

With the above directions, the appeal is disposed of.

In case the review is not entertained, it will be open for the appellant to file a fresh appeal for challenging the impugned order".

The said order is produced herewith as Annexure-B Therefore, the Respondent most respectfully submits that, he has no objection to quash the proceedings in Crl. Pet. No.434/2024 as prayed for in the petition. However, this "no objection" is without prejudice to the Respondent to

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