IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5535 OF 2014 BETWEEN:
1. KRISHNAPPA S/O. KEMPAIAH AGED 58 YEARS R/O. WEAVERS COLONY NEAR NELAMANGALA BUS STOP NELAMANGALA TOWN – 562123 BANGALORE RURAL DISTRICT 2. RAMESH S/O. LATE BASAPPA AGED 36 YEARS R/O. BASAVANA HALLI VILLAGE NELAMANGALA TALUK – 562 123 BANGALORE RURAL DISTRICT (BY SRI TUSHAR VADAVADAGI, ADV., FOR SMT. RASHMI JADHAV, ADV.) AND:
…PETITIONERS 1. THE STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560001 2. SANJAY @ SRINIVAS S/O. LATE SAI PRASANNA AGED ABOUT 34 YEARS OCC: BUSINESS R/O. NO.14TH CROSS HOYASALA NAGAR, MAGADI ROAD SUNKADAKATTE BANGALORE – 560 091 3. SIDDALINGAIAH S/O. LATE RANGAPPA AGED ABOUT 57 YEARS OCC: CHICKEN BUSINESS R/O. NO.21, 12TH CROSS VINOD CHICKEN CENTER BAGALAGUNTE BANGALORE – 560 073 ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI C.K.JAGADISH PRASAD. ADV., FOR R2 AND R3 (ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ALLOW CRL.P. BY QUASHING THE CRIMINAL PROCEEDINGS IN S.C.NO.539/2011 PENDING ON THE FAST TRACK COURT-XIII, BANGALORE, FOR THE OFFENCES P/U/S 363, 342, 307 R/W 34 OF IPC AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is seen from the order sheet dated 24.03.2015 that both the parties were directed to be present before this Court on 06.04.2015. On 13.03.2015, the learned counsel for the petitioner submitted that the parties have entered into a settlement and he would report the outcome on the next date of hearing. Thereafter, on 08.1.2016, the complainant filed an affidavit stating that he has no objection to allow the petition and quash the criminal case.
2. It is noted in the order sheet dated 08.01.2016 that since the case is initiated at the instance of Smt. Indira, no order could be passed on the said affidavit. Further it is submitted that trial has commenced and five material witnesses have already been examined before the Court.
3. In the above circumstances, having regard to the prima facie material available on record in proof of the accusations leveled against the petitioners, I do not find any justifiable reason to quash the proceedings. Consequently, petition is dismissed.
In view of dismissal of main petition, I.A.No.1/2014 does not survive for consideration and the same stands rejected accordingly.
Sd/- JUDGE HJ