Public excerpt
2024:KHC:13947
Court: High Court of Karnataka (High Court of Karnataka)
Case: KAHC010335092023
Parties: CRL.P/6577/2023 of SHRI M N MADHAV MURTHY Vs STATE OF KARNATAKA
Pages: 10
Characters (full): 11208
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- 1 - NC: 2024:KHC:13947 CRL.P No. 6577 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6577 OF 2023 (482) BETWEEN: 1. SHRI M N MADHAV MURTHY AGED ABOUT 67 YEARS S/O SRI SWAMY DESIGNATION MANAGING DIRECTOR AND AUTHORIZED PERSONS M/S SIPANI PROPERTIES PRIVATE LIMITED OFFICE AT NO 439, 18TH MAIN 6TH BLOCK, KOARAMANGALA BENGALURU 560095 2. SRI VENKATESHAN @ VENKATESH V AGED ABOUT 48 YEARS S/O SRI VARADARAJ P NO 338A, 6TH MAIN, 8TH CROSS BALAJI LAYOUT, KODIGEHALLI BENGALURU 560092 3. SRI SYED @ SADIQ AGED ABOUT 28 YEARS S/O SYED SAHEB PEER PERMANANT AT NO 45/23 BOSE NAGAR, RAYACHOTY KADAPA, ANDRA PRADESH 516269 NOW AT SIPANI ROYAL HERITAGE F LBOCK, GROUND FLOOR CHANDAPURA, ANEKAL ROAD Digitally signed by PAVITHRA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:13947 CRL.P No. 6577 of 2023 NEAR MARASUR GATE SURYA NAGAR BENGALURU 562106 4. SRI GANESH BABU M AGED ABOUT 50 YEARS S/O SRI MEENATECH SUNDARAM V NO 38-1/19, 1ST FLOOR 14TH CROSS, 21ST MAIN PADMANABHA NAGAR BENGALURU SOUTH BENGALURU 560070 5. SRI MATHEWS @ D MATHEWS PATRIC AGED ABOUT 48 YEARS S/O R DEVADAS AT FLAT NO 6, 1ST CROSS SARJAPURA ROAD ATHIBELE ANEKAL BENGALURU 562107 6. SRI RAMESH @ RAMESH KUMAR R AGED 38 YEARS S/O SRI S RAMAR R/AT NO 78, SHANTHI NIKETHAN BUILDING SAI NAGAR, HOSUR MAIN ROAD NERALURU, ANEKAL BENGALURU 562106 …PETITIONERS (BY SRI. ABISHEK N N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SURYANAGAR POLICE STATION - 3 - NC: 2024:KHC:13947 CRL.P No. 6577 of 2023 REP THROUGH THE STATE PUBLIC PROECUTOR HIGH COURT OF KARNATAKA BANGALORE 560001 2. SRI RAMESH RAUT AGED ABOUT 22 YEARS S/O BALDEV RAUT AT SHED BEHIND ROYAL HERITAGE APARTMENT RAMAKRISHNA GATE KASABA HOBLI, ANEKAL TALUK BANGALORE 562105 PERMANANT AT DOUNI VILLAGE DHOUNI POST SARAIYAHAT STATION DUMKA DISTRICT JHJARKHAND 722149 …RESPONDENTS (BY SMT K.P. YASHODHA, HCGP FOR R1; SRI. JAYANTH M LAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CR.NO.183/2023, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU RURAL DISTRICT, DATED 30.05.2023 U/S 304A OF IPC AGAINST THE PETITIONER NO.1 TO 6/ACCUSED NO.1 TO 6 REGISTERED BY THE SURYA NAGAR POLICE, BENGALURU DISTRICT (ANNEXURE-A) (i.e., FIR AND COMPLAINT). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2024:KHC:13947 CRL.P No. 6577 of 2023 ORDER Accused Nos.1 to 6 are before this Court under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) with a prayer to quash the entire proceedings in Crime No.183/2023 pending before the II Additional Civil Judge (Jr.Dn.) and JMFC Anekal, Bengaluru Rural District registered by the Surya Nagar Police Station, Bengaluru for the offence punishable under Section 304A of Indian Penal Code, 1860 (for short 'IPC'). 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for respondent No.2 submit that the dispute between the parties has been amicably settled and the parties have filed application under Section 320(2) read with Section 482 of Cr.P.C. with a prayer to compound the offence for which the petitioners are charge sheeted. Learned HCGP submitted that the alleged offence is non- compoundable. - 5 - NC: 2024:KHC:13947 CRL.P No. 6577 of 2023 4. FIR in Crime No. 183/2023 is registered by Surya Nagar Police Station for the offence punishable under Section 304A of IPC against the owner of the company known as Sipani Royal Heritage and its employees, on the basis of the first information received from Ramesh Raut on 30.05.2023. It …