LawSphereX

RAVI JAINAPURE AND ANR v. THE STATE OF KARNATAKA AND ANR

Court: High Court of Karnataka

Bench: K NATARAJAN

Judgment date:

Case summary

High Court of Karnataka judgment dated 2024-09-26. RAVI JAINAPURE AND ANR v. THE STATE OF KARNATAKA AND ANR. Read the judgment and case details on LawSphereX.

Judgment text

- 1 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH TH DATED THIS THE 26 DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO. 200754 OF 2023 (482(Cr. PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 201488 OF 2023 (482(Cr. PC)/528(BNSS)) CRIMINAL PETITION NO. 201113 OF 2024 (482(Cr. PC)/528(BNSS)) IN CRL. P. NO. 200754/2023: BETWEEN: SHARANAPPA S/O BABURAO JAINAPURE AGE: 29 YEARS, OCC: IAF (NCE), RESIDENCE OF CHIDRI, TALUKA: AND DISTRICT: BIDAR, NOW AT AIRFORCE STATION, PHALODI, JOTAPUR, RAJASTAN-112001. …PETITIONER (BY SRI. JIDAGE KAILASH. C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH POLICE GANDHI GUNJ, BIDAR, REPRESENTED BY ADDL. SPP, - 2 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102. 2. SMT.

RENUKA W/O RAVI JAINAPUR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O CHIDRI, TQ: AND DIST: BIDAR-585401. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. RAVI B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR. P. C. PRAYING TO QUASH THE FIR AND COMPLAINANT AND CHARGE SHEET VIDE CR. NO. 74/2018 CC NO. 2321/2018 FOR THE OFFENCE UNDER SECTIONS 323, 324, 354, 504, 506 READ WITH SEC 34 OF IPC OF POLICE GANDHI GUNJ BIDAR PENDING ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC II BIDAR IN RESPECT OF PETITIONER / ACCUSED NO. 3 IN THE INTEREST OF JUSTICE. IN CRL. P. NO. 201488 OF 2023; BETWEEN: 1. BABU @BABURAO S/O SHIVALINGAPPA JAINAPURE AGE: 57 YEARS, OCC: AGRICULTURE, 2. JAGADEVI W/O BABURAO JAINAPUR, AGE: 50 YEARS, OCC: HOUSEHOLD, 3. RAJU S/O BABURAO JAINAPUR, AGE: 27 YEARS, OCC; AGRICULTURE, ALL R/O CHIDRI, TQ. AND DIST. BIDAR-585401. …PETITIONERS (BY SRI. JIDAGE KAILASH. C, ADVOCATE) - 3 - CRL. P No. 200754 of 2023 C/W CRL. P No.

201488 of 2023 CRL. P No. 201113 of 2024 AND: 1. THE STATE OF KARNATAKA THROUGH POLICE GANDHI GUNJ, BIDAR, REP. BY ADDL. S. P. P. , HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102. 2. SMT. RENUKA W/O RAVI JAINAPUR AGE: 43 YEARS, OCC: HOUSEHOLD R/O CHIDRI, TQ. AND DIST. BIDAR-585401. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. RAVI B. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR. P. C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C. C. NO. 2321/2018 ARISING OUT OF CR. NO. 74/2018 OF GANDHI GUNJ POLICE BIDAR FOR THE OFFENCE UNDER SECTIONS 323, 324, 354, 504, 506 READ WITH SEC. 34 OF IPC PENDING ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE AND J. M. F. C. -II, BIDAR IN RESPECT OF PETITIONERS/ ACCUSED NO. 1, 2 AND 4 IN THE INTEREST OF JUSTICE. IN CRL. P. NO. 201113 OF 2024: BETWEEN: 1. RAVI JAINAPURE S/O SHIVALINGAPPA JAINAPURE, AGED ABOUT 42 YEARS, OCC: MESS STAFF, AFS BIDAR, RESIDENCE OF 18-1-306, CHIDRI, TQ. AND DIST. BIDAR. 2.

RENUKA JAINAPUR W/O RAVI JAINAPURE, AGED ABOUT 39 YEARS, OCC: HOUSEHOLD, R/O 18-1-306, CHIDRI, TQ. AND DIST. BIDAR. - 4 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 3. KARNA @ KARUNA D/O SIDDAPPA AGE: 31 YEARS, OCC: HOUSEWIFE, R/O YALLALINGA COLONAY, BIDAR. …PETITIONERS (BY SRI. RAVI B. PATIL, DVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH GANDHI GUNJ, BIDAR REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, KALABURAGI-585107. 2. BABU S/O SHIVALINGAPPA, AGED ABOUT 48 YEARS, OCC: FORMER, R/O CHIDRI VILLAGE, TQ. AND DIST. BIDAR-585401. …RESPONDENTS (BY SMT. ANITA M. REDDY, HCGP FOR R1; SRI. JIDAGE KAILASH C. , ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR. P. C. (OLD) / UNDER SECTION 528 OF BNSS ACT (NEW) PRAYING TO QUASH THE PROCEEDINGS IN CC NO. 3198/2018 ARISING OUT OF CRIME NO.

23/2018 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCES UNDER SECTIONS 323, 326, 504, 506 READ WITH 34 OF INDIAN PENAL CODE AND THE ORDER OF COGNIZANCE DATED 11. 05. 2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC-II AT BIDAR, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 CORAM: HON'BLE MR. JUSTICE K NATARAJAN ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) Crl. P. No. 200754/2023 is filed by the accused No. 3 and Crl. P. No. 201488/2023 is filed by the petitioners/accused Nos. 1, 2 and 4, for quashing criminal proceedings against the petitioner in CC No. 2321/2018 pending before the Principal Civil Judge and JMFC II Bidar, arising out of Crime No. 74/2018 registered by Gandhi Gunj Police station, Bidar, for the offence under sections 323, 324, 354, 504, 506 read with section 34 OF IPC. 2. In Crl. P. No.

201113/2024 is filed by the petitioner/accused No. 2 to 4 for quashing the criminal proceedings in CC No. 3198/2018 pending before the Principal Civil Judge and JMFC II Bidar, arising out arising out of Crime No. 23/2018 registered Gandhi Gunj Police station, Bidar for the offences under sections 323, 326, 504, 506 read with 34 of IPC. - 6 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 3. Heard the learned counsel for the petitioners and learned HCGP for the respondent /State and learned counsel for other respondents. 4. During the pendency of this petition, both the parties, appeared before the court, except accused no. 3 in Crl. P. No. 200754/2023 who said to be army office and is unable to appear. The exemption sought by the counsel has been accepted. The respondent No. 2 also appeared who is complainant in one case and accused in another case. The parties are said to be brother and sister of one family.

It appears there is case and counter case between both parites. Hence, they wanted to settle the dispute amicably. Hence, they have filed joint compromise applications and are seeking permission of this Court for compounding the offence as they have settled the dispute in all three cases. 5. The submission of learned counsel for the parties are placed on record. 6. Considering the facts and circumstances of the case, the joint affidavit and application filed by the petitioners and responding No. 2 is hereby accepted. The parties are permitted - 7 - CRL. P No. 200754 of 2023 C/W CRL. P No. 201488 of 2023 CRL. P No. 201113 of 2024 to compound the offence. The interlocutory applciations in all 3 cases are allowed. Accordingly, this petition is allowed. Consequently, the criminal proceedings against petitioner/accused No. 3 in Crl. P. No. 200754/2023 and petitioners/accused Nos. 1, 2 and 4 in Crl. P. No. 201488 in CC No.

2321/2018 pending before the Principal Civil Judge and JMFC II Bidar, arising out of Crime No. 74/2018 registered by Gandhi Gunj Police station, Bidar, and also against the petitioners/accused nos. 2 to 4 in Crl. P. No. 201113/2024 in CC No. 3198/2018 pending before the Principal Civil Judge and JMFC II Bidar, arising out arising out of Crime No. 23/2018 registered Gandhi Gunj Police station, is hereby quashed. Sd/- (K NATARAJAN) JUDGE AKV List No. : 1 Sl No. : 59 CT:SI

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.