IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.5675 OF 2019 BETWEEN:
1. SRI. K.V. GIRISHA, S/O. KALE BORAIAH, 25 YEARS, AUTO DRIVER NELAGETANAHATTI VILLAGE, CHALLAKERE-TQ-567 522.
CHITRADURGA-DIST.
2. SRI. R.HARISHA, S/O. RANGAPPA, 29 YEARS, CABLE OPERATOR, H.NO.105. G.BLOCK, DAR QUARTERS, CHITRADURGA-567 501. ... PETITIONERS [BY SRI. JAYANNA G.R., ADVOCATE] AND:
1. THE STATE OF KARNATAKA, BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA-567 501, REP. BY S.P.P HIGH COURT PREMISES.
2. SMT. P.M. JYOTHI, W/O. PRABHUDEVA, 37 YEARS, HOUSE WIFE NEAR GANAPATHI TEMPLE, MUNCIPLE COLONY, CHITRADURGA-567 501. ... RESPONDENTS [BY SRI. R.D. RENUKARADHYA, HCGP FOR R1; SRI. N.J. RAVINARAYANA, ADVOCATE FOR R2] THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDING AGAINST THE PETITIONERS IN C.C. NO.281/2017 (CR. NO.376/2014) FOR THE OFFENCES P/U/S/ 384, 420, 506, 509, R/W 34 OF IPC NOW PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND C.J.M., CHITRADURGA TO STALL THE ABUSE OF PROCESS OF COURT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Pursuant to the previous order, the learned HCGP for the State furnished details of the case initiated against the 2nd petitioner. The 2nd petitioner is facing six cases, out of which four are ended in acquittal and two are pending. Out of those two, Crime No.376/2014 is the subject matter in the present petition.
2. During the pendency of the present petition, parties have filed a Joint Memo for settlement.
3. Even though the offences are heinous in nature, the complainant has come forward for settlement in order to avoid further complications among parties and so also, attending the Court time and again and adducing evidence. It was also submitted that the petitioners and the 2nd respondent were known to each other arising out of Bakery business, the 2nd respondent being a woman-complainant agreed for settlement. Accordingly, the Joint Memo dated 13.11.2019 is taken on record.
4. The proceedings in C.C. No.281/2017 [Cr.
No.376/2014] is set aside subject to payment of cost of the entire proceedings. Accordingly, a sum or Rs.50,000/- [Rupees Fifty Thousand Only] shall be paid by the 2nd petitioner-Sri. R.Harisha to the Chief Minister’s Relief Fund [Karnataka], within a period of four weeks from today for the reason that the petitioners have caused inconvenience to the system for the last five years i.e., from 2014 till this day and they have entered into compromise.
Accordingly, the petition stands allowed.
SD/- JUDGE Ksm*