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In the High Court of Karnataka, Bangalore

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In the High Court of Karnataka, Bangalore 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 18TH DAY OF JUNE, 2013 BEFORE THE HON'BLE MR. JUSTICE H.S.KEMPANNA CRIMINAL PETITION NO.1236/2009 C/W CRIMINAL PETITION NO.3121/2008 CRIMINAL PETITION NO.1236/2009 BETWEEN: 1. SRI.VISHU KUMAR S/O GOPAL SHETTY AGED ABOUT 46 YEARS GUNDLADY GUTTU, NADSAL GRAMA PADUBIDRI UDUPI TALUK 2. BHASKAR KUMAR S/O KUPPA POOJARY AGED ABOUT 48 YEARS BENGRE ROAD, NADSAL GRAMA PADUBIDRI UDUPI TALUK 3. PRASHANTH SHENOY S/O NARAYANA SHENOY AGED ABOUT 32 YEARS NADSAL GRAMA PADUBIDRI UDUPI TALUK 2 4. RAVI SHETTY S/O KARIYANNA AGED ABOUT 49 YEARS GANESHA TIRTHA NADSAL GRAMA, PADUBIDRI UDUPI TALUK 5. KISHORE BHANDARY S/O DEVAPPA BHANDARY AGED ABOUT 36 YEARS BENGRE ROAD NADSAL GRAMA, PADUBIDRI UDUPI TALUK 6. SRINIVASA RAO S/O VITTAL RAO AGED ABOUT 36 YEARS BENGRE ROAD NADSAL GRAMA, PADUBIDRI UDUPI TALUK 7. SUDHAKAR RAO S/O SEETHARAMA RAO AGED ABOUT 60 YEARS BENGRE ROAD NADSAL GRAMA, PADUBIDRI UDUPI TALUK 8. RAVICHANDRA S/O NARAYANA RAO AGED ABOUT 23 YEARS BENGRE ROAD NADSAL GRAMA, PADUBIDRI UDUPI TALUK 9. GANESH S/O RAMA RAO AGED ABOUT 31 YEARS, GUDDEPU NADSAL GRAMA, PADUBIDRI UDUPI TALUK 3 10. VENKATESH S/O LATE LAXMINARAYANA RAO AGED ABOUT 36 YEARS BENGRE ROAD NADSAL GRAMA, PADUBIDRI UDUPI TALUK 11. RAMACHANDRA RAO S/O LATE KRISHNA RAO AGED ABOUT 61 YEARS, GUDDEPU HOUSE NADSAL GRAMA, PADUBIDRI UDUPI TALUK 12. DAYAKARA SHETTY S/O SANJEEV SHETTY AGED ABOUT 35 YEARS, ASHIRVADA, PADUMANE NADSAL GRAMA, PADUBIDRI UDUPI TALUK ... PETITIONERS (BY SRI.NATARAJA BALLAL – ADV.) AND 1. THE STATE BY SUB INSPECTOR OF POLICE PADUBIDRI POLICE STATION PADUBIDRI UDUPI TALUK AND DIST 2. Y N RAMACHANDRA RAO S/O NARAYANA RAO BANGARU MANE YERMAL THENKA VILLAGE UDUPI TALUK ... RESPONDENTS (BY SRI.VIJAYAKUMAR MAJAGE – HCGP FOR R1, SRI.ARUN SHAM – ADV. FOR R-2)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.2008/08 ON THE FILE OF THE II 4 ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C. UDUPI; AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. CRIMINAL PETITION NO.3121/2008 BETWEEN: 1. BALAKRISHNA RAO S/O P NARAYANA RAO AGED 40 YEARS BANGARU HOUSE ALIVEKODI THENKA YERMAL-524 119 2. Y SURESH RAO S/O LATE VASUDEVAYYA AGED 50 YEARS "LAXMI" NEAR OLD LIONS SCHOOL PADUBIDRI-574 111 3. JYOTHI KIRAN KEDILAYA S/O NARAYANA KEDILAYA AGED 56 YEARS KEDILAYA HOUSE NADASAL VILLAGE PADUBIDRI-574 111 4. NAGARAJA RAO S V S/O LATE S VASUDEVA RAO AGED 47 YEARS SHRIDHARA HOUSE BENGRI, PADUBIDRI-574 111 5. P N SUBRAMANYA RAO S/O P NARAYANA RAO AGED 51 YEARS BANGARU HOUSE ALIVEKODI THENKA YERMAL-524 119 5 6. HARIDASA RAO S/O P VASUDEVA RAO AGED 43 YEARS PADMASHREE BRAHMASTAN ROAD PADUBIDRI 7. P GANAPATHI KAMATH S/O P PRABHAKARA KAMATH AGED 39 YEARS KELAGINAPETH PADUBIDRI-574 111 8. KANNA ALIAS KARUNAKARA S/O MAHABALA POOJARY AGED 32 YEARS MALAR THOTA, POST:PADUBIDRI NEAR BANDER UDUPI TALUK 9. SUDHAKAR DEVADIGA S/O MUTHAPPA DEVADIGA AGED 46 YEARS MAHA GANESH COMPLEX KELAGINA PETE,N H 17, TOPANKATEE, PADUBIDRI-574 111 TALUK AND DISTRICT UDUPI ... PETITIONERS (BY SRI.ARUN SHAM – ADV.) AND 1. THE STATE OF KARNATAKA THROUGH PADUBIDRI POLICE REPTD. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE 2. RAVI SHETTY S/O KARIYA SHETTY 6 AGED 49 YEARS GANESHA THEERTHA PADUBIDRI UDUPI TALUK ... RESPONDENTS (BY SRI.VIJAYAKUMAR MAJAGE - HCGP FOR R1, SRI. NATARAJ BALLAL – ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE ORDER DT.27.3.2008 PASSED BY THE JMFC., UDUPI, IN C.C.NO.1819/08 AND ALL PROCEEDINGS PURSUANT THERETO. THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING : O R D E R The petitioners in these two petitions have sought for quashing of the proceedings in C.C.No.2008/2008 and C.C.No.1819/2008 on the file of the JMFC, Udupi, which cases have been registered for the offences u/ss.143, 147, 352, 324, 506 r/w.149 of IPC and 143, 147, 506, 341, 324 r/w.149 of IPC respectively. 2. The papers reveal that the occurrence has taken place in a clash that had taken place in an annual festival held in Sri Mahalingeshwara temple, Padubidri. Today the petitioners, who are the 7 complainants in the rival cases, have filed a joint memo supported with the affidavits of each of the person stating that they have settled the matter amicably between them at the instance of the well wishers and therefore, the entire proceedings initiated against them in the aforementioned cases be quashed. The joint memo that has been filed is supported with the affidavits of the parties duly attested by their respective counsels who also submitted that the parties have settled the matter between themselves. 3. Since the occurrence has taken place between the two groups in an annual festival of the temple and as they have settled the matter amicably and further as the offence complained off are also compoundable as on the date of occurrence, I do not find any justification to decline the request of the petitioners. Therefore, accepting the joint memo filed by the respective parties supported by the affidavits, the proceedings in both the cases i.e. C.C.No.2008/2008 and C.C.No.1819/2008 on the file of the JMFC, Udupi, is quashed. 8 With the above said observations, the petitions are disposed of. Sd/- JUDGE rs .
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