Case Note & Summary
The petitioner, S. Prakash, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru, seeking to quash the order dated 20.11.2015 passed in PCR No.1/2012, which was registered as Spl.C.No.5001/2015 and pending before the III Additional District and Sessions Judge (sitting at Srirangapatna), Mandya. The respondents were K.R. Ravindra, N. Mahadevappa, N. Saraswathi, and Sundraramma. The petitioner was represented by Sri L.M. Panduranga Swamy, while respondent No.1 was represented by Sri P.N. Rajeshwara; respondents 2 to 4 were served but not represented. During the hearing, the petitioner's counsel filed a memo praying to dispose of the petition. The court took the memo on record and disposed of the petition in accordance with the terms of an earlier order dated 23.09.2019 passed by the same court in Criminal Petition No.9127/2016. The court did not adjudicate the merits of the quashing petition, as the parties agreed to the disposal based on the earlier order. The judgment is brief, consisting of three paragraphs, and was delivered through video conference on 07.07.2020 by Justice N.K. Sudhindrarao.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Disposal in Terms of Earlier Order - Petitioner sought quashing of order dated 20.11.2015 in PCR No.1/2012 - Court disposed petition in accordance with terms of order dated 23.09.2019 passed in Criminal Petition No.9127/2016 - Held that petition is disposed of without adjudicating merits (Paras 1-3).
Issue of Consideration
Whether the order dated 20.11.2015 in PCR No.1/2012 registered as Spl.C.No.5001/2015 should be quashed under Section 482 CrPC.
Final Decision
The petition is disposed of in accordance with the terms of the order dated 23.09.2019 passed by this court in Criminal Petition No.9127/2016.
Law Points
- Section 482 CrPC
- quashing of criminal proceedings
- disposal in terms of earlier order
