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Ankur vs the State and Anr

ANKUR vs The State and Anr

Type Court Judgment Court Karnataka Kalaburagi Decided Aug 31, 2024
~3 min read
https://sooperkanoon.com/case/1851650

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Citation
Court
Karnataka Kalaburagi High Court
Judge
Decided On
Case Number
CRL.P/201037/2024

Parties & Advocates

Appellant / Petitioner

ANKUR

Respondent

The State and Anr

Excerpt

.....proceedings in cc no.17095/2022 arising out of crime no.138/2021 registered by brahmapur police station, kalaburagi district for the offence punishable under sections 406, 419 and 420 of ipc pending on the file of iv addl. civil judge and jmfc, kalaburagi.2. the petitioner and respondent no.2 appearedthrough their counsel. during the course, the petitioner and respondent no.2 have filed a compromise application under section 320 r/w section 482 of cr.p.c. seeking to -3- compound the offences. as per the compromise, the petitioner has paid rs.8,00,000/- to the respondent no.2 by way of dd no.014047 dated 18.07.2024 before this court and the respondent no.2 has acknowledged the receipt of the same, who is also present before this court.3. the same is placed on record.4. in view of the settlement between the parties i.a.1/2024 is allowed. the parties are permitted to compound the offences. accordingly, following order:orderthe petition is allowed. criminal proceedings as against the petitioner in cc no.17095/2022 arising out of crime no.138/2021 registered by brahmapur police station, kalaburagi district for the offence punishable under sections 406, 419 and 420 of ipc pending on the file of iv addl. civil judge and jmfc, kalaburagi is hereby quashed. sd/- (k natarajan) judge nj list no.: 1 sl no.: 28

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 31ST DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE K NATARAJAN CRIMINAL PETITION NO.201037 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: ANKUR S/O RAGHUVEER PRASAD GOYAL, AGE: 43 YEARS, OCC: BUSINESS, RESIDENCE OF YUVRAJ CLUB ROAD, VEEDHISHA, SHERPURA BHOPAL, STATE MADHYA PRADESH …PETITIONER (BY SRI. AVINASH A. UPLOANKAR, ADVOCATE) AND:

1. THE STATE THROUGH

BRAHMPUR POLICE STATION, Digitally signed by KALABURAGI, DIST. KALABURAGI, SHIVALEELA DATTATRAYA NOW REPRESENTED BY UDAGI Location: High ADDL. SPP HIGH COURT OF KARNATAKA, Court Of KALABURAGI BENCH-585107. Karnataka

2. SMT. PARVATI W/O CHANDRAKANT MANGALAGI,

AGE: 58 YEARS, OCC: BUSINESS, RESIDENCE OF PLOT NO. 246, APMC YARD, COTTON MARKET, KALABURAGI-585103. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. N. B. DIWANJI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO EXERCISE THE INHERENT POWERS -2- UNDER SECTION 482 CR.P.C., EXAMINE THE RECORDS AND PLEASED TO QUASH PROCEEDINGS IN C.C. NO. 17095/2022 (CRIME NO. 138/2021 OF BRAHMPUR P.S KALABURAGI) FOR THE OFFENCE UNDER SECTIONS 406, 419, 420 OF IPC PENDING BEFORE THE COURT OF IV ADDL. CIVIL JUDGE AND JMFC COURT KALABURAGI. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN

ORAL ORDER

(PER: HON'BLE MR JUSTICE K NATARAJAN) This petition is filed under Section 482 of Cr.P.C. for quashing the criminal proceedings in CC No.17095/2022 arising out of Crime No.138/2021 registered by Brahmapur Police Station, Kalaburagi District for the offence punishable under Sections 406, 419 and 420 of IPC pending on the file of IV Addl. Civil Judge and JMFC, Kalaburagi.

2. The petitioner and respondent No.2 appeared

through their counsel. During the course, the petitioner and respondent No.2 have filed a compromise application under Section 320 r/w Section 482 of Cr.P.C. seeking to -3- compound the offences. As per the compromise, the petitioner has paid Rs.8,00,000/- to the respondent No.2 by way of DD No.014047 dated 18.07.2024 before this Court and the respondent No.2 has acknowledged the receipt of the same, who is also present before this Court.

3. The same is placed on record.

4. In view of the settlement between the parties I.A.1/2024 is allowed. The parties are permitted to compound the offences. Accordingly, following order:

ORDER

The petition is allowed. Criminal proceedings as against the petitioner in CC No.17095/2022 arising out of Crime No.138/2021 registered by Brahmapur Police Station, Kalaburagi District for the offence punishable under Sections 406, 419 and 420 of IPC pending on the file of IV Addl. Civil Judge and JMFC, Kalaburagi is hereby quashed. Sd/- (K NATARAJAN) JUDGE NJ List No.: 1 Sl No.: 28

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