High court suggests possibility of settlement in case against H.D. Kumaraswamy

Bengaluru: The Karnataka High Court has orally suggested that the parties explore the possibility of resolving through dialogue the criminal case registered against Union Minister H.D. Kumaraswamy and others over alleged threats made to a senior IPS officer.

The case pertains to allegations that senior IPS officer M. Chandrashekhar, while serving as ADGP (SIT) of the Lokayukta, was threatened. Kumaraswamy, his son Nikhil Kumaraswamy, and MLA Suresh Babu have approached the High Court seeking quashing of the FIR registered against them.

A bench headed by Justice S. Sunil Dutt Yadav, while hearing the petition, orally advised the counsel for the petitioners to examine whether the matter could be resolved without turning it into an issue of personal prestige. The court observed that both the complainant, M. Chandrashekhar, and the petitioner, H.D. Kumaraswamy, hold responsible public positions.

“There is no meaning in taking this as a matter of ego. The world is very small. Both parties are part of the public system and may have to face each other again in the future,” the bench remarked, according to court proceedings.

The judge noted that in certain circumstances, statements are made and later pass, and that not every issue must necessarily escalate into prolonged litigation. The court indicated that instead of debating what transpired in the past or attempting to justify positions, the parties could consider arriving at an appropriate resolution.

“In compoundable criminal cases, serious efforts can be made to resolve the dispute. If the matter can be settled through compromise, both sides may find closure,” the bench observed, directing the petitioners’ counsel to consult their clients and inform the court of their decision.

The High Court also extended its earlier interim order restraining coercive action against the petitioners and adjourned the hearing to February 19.

Background of the case

The dispute traces back to allegations that H.D. Kumaraswamy had granted a mining lease to Sai Minerals in violation of rules. In connection with this, Lokayukta SIT ADGP M. Chandrashekhar had written to the Governor seeking sanction for prosecution against Kumaraswamy.

Subsequently, Kumaraswamy, Nikhil Kumaraswamy and MLA Suresh Babu allegedly made certain remarks against Chandrashekhar in the media. Claiming that false allegations were levelled against him and that he was threatened, Chandrashekhar filed a complaint at Sanjaynagar Police Station.

Based on the complaint, police registered an FIR under Sections 223 and 224 of the Bharatiya Nyaya Sanhita (BNS) against Kumaraswamy, Nikhil Kumaraswamy and Suresh Babu for allegedly threatening a public servant.

Seeking quashing of the FIR, the petitioners have moved the High Court, which has now indicated that an amicable resolution could be considered before the matter proceeds further.

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