IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.4457/2019 BETWEEN:
1. Smt.Girija Poojarthy d/o late Lingamma Poojarthy Aged about 66 years r/a Karkada village Saligrama – 576225 Udupi Dist.
2. Sri Gopala Poojary s/o Krishna Poojary aged about 47 years r/a Karkada village Saligrama – 576225 Udupi Dist.
3. Sri Basava Poojary s/o Govinda Poojary Aged about 59 years r/a Gundmi village Sasthana Post – 576226 Udupi Taluk.
4. Sri P Manjunatha s/o Jabba Poojary aged about 44 years r/a Parampalli village Udupi Taluk – 576226. … Petitioners (By Sri Nagaraja H R, Advocate) AND:
1. State of Karnataka Brahmavara P S Udupi, Udupi Dist – 576101, rep. by SPP High Court Building Bengaluru-01.
2. Smt.Kalyani d/o late Godu Poojari Aged about 54 years r/a “Sri Nandisha Nilaya” Kodi village and Post Udupi Taluk-576217. . .. Respondents (By Sri R D Renukaradhya, HCGP for R1, Sri Arun Bhat, Advocate for R2) This petition is filed under Section 482 of Cr.PC praying to quash the charge sheet filed in CC No.468/2017 as per Annexure-C which is filed by 1st respondent police against the petitioners P/U/S 406, 468, 471 R/W 34 of IPC which is pending for consideration before the II Additional Civil Judge and JMFC, Kundapura.
This petition is coming on for admission this day, the Court made the following:-
ORDER Parties have filed a compromise petition dated 16.10.2019, which has been signed by the parties so also the learned counsels for the respective parties.
2. Issue is relating to certain dispute of properties. In this regard, 2nd respondent has filed a complaint against the petitioners, for which, jurisdictional police registered complaint for the offences punishable under Sections 417, 420 of IPC. Court below has taken cognizance and charge sheet is also filed. At this juncture, parties have entered into compromise on 16.10.2019. Accordingly, compromise petition dated 16.10.2019 is taken on record.
3. In terms of compromise petition, proceedings in CC No.468/2017 on the file of the II Addl. Civil Judge and JMFC, Kundapura and consequential proceedings are set aside.
Accordingly, petition stands allowed.
Sd/- JUDGE Bkm