IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9026/2018 BETWEEN:
B.V.SRIKUMAR S/O.VENKATARAMANAIAH AGED ABOUT 61 YEARS, R/AT 62, GOWRI MANSION, 5TH MAIN, CHAMARAJPET, BANGALORE-560 018 ... PETITIONER (BY SRI.C.R.RAGHAVENDRA REDDY, ADVOCATE) AND:
1. STATE OF KARNATAKA BY KEMPEGOWDANAGARA POLICE, BANGALORE, REP. BY SPP HIGH COURT, BANGALORE-01 2. SMT. DEEPA SRIKUMAR W/O.SRIKUMAR AGED ABOUT 35 YEARS, R/AT NO.220, 5TH CROSS, BHUVANESHWARI NAGAR, BANASHANKARI 3RD STAGE, BANGALORE-78 3. KUMARI SNEHA DEEPAK BHATT @ ESHITHA SRIKUMAR D/O.DEEPAK KUMAR AGED ABOUT 18 YEARS, R/AT NO.220, 5TH CROSS, BHUVANESHWARI NAGAR, BANASHANKARI 3RD STAGE, BANGALORE-78 ... RESPONDENTS (BY SRI. S.RACHAIAH, HCGP FOR R-1; SRI.S.G.RAJENDRA REDDY, ADV. FOR R-2) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AGAINST THE PETITIONER IN SPL.C.C.NO.755/2018 (CR.NO.69/2016) OF CHENNAMANAKERE ACHUKATTI POLICE FOR AN ALLEGED OFFENCES P/U/S 365, 420, 354(1)(3), 504, 506 OF IPC AND SECTION 8 AND 12 OF POCSO ACT, PENDING ON THE FILE OF THE HON’BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-54).
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner - Sri. B.V.Srikumar and respondents 2 & 3 - Smt. Deepa Srikumar and Kumari Sneha Deepak Bhatt @ Eshitha Srikumar along with their counsel are present before Court. Sri. Rachaiah, learned HCGP has taken notice on behalf of first respondent.
2. A Joint Affidavit is filed by the petitioner and respondents 2 & 3 wherein it is stated that on the advise of elders and well wishers they have decided to put an end to their dispute and respondent No.2 does not intend to continue the case in Spl.C.C.No.755/2018 (Cr.No.69/2016) pending on the file of LIII City Civil and Sessions Judge, Bengaluru. Hence, by reiterating averments made in the affidavit and grounds urged in the petition, they have sought for proceedings pending in entire charge sheet being quashed.
3. Respondent No.3 is the step daughter of petitioner. Charge sheet has been laid against the petitioner for offences punishable under Sections 506, 354A(1)(iii), 504, 323, 420 r/w Section 34 of IPC and Sections 8 & 12 of Prevention of Children from Sexual Offences Act, 2012. Taking into consideration the relationship between parties and nature of the offences alleged against the petitioner, this Court is of the considered view that settlement arrived at between parties deserves to be accepted in the interest of both parties as it is reported it would bring a permanent peace and harmony in the families of petitioner and respondents 2 and 3. Both respondent No.2– complainant as well as respondent No.3 have stated that without any force, threat or coercion they have agreed to withdraw the complaint as stated in the joint affidavit filed in support of the prayer made for quashing of the charge sheet. They also submit that they have arrived at the above said mutual settlement voluntarily and also in the interest of their families.
4. Keeping in mind the decision of Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303 as also the judgment of the Hon’ble Apex Court in the case of PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND OTHERS vs. STATE OF GUJRAT AND ANOTHER reported in AIR 2017 SC 4843 and taking into consideration that Sections 8 and 12 of the POCSO Act has been invoked by the jurisdictional police for filing the charge sheet and alleged offence is not an aggravating sexual assault, which punishment may extend upto 5 years, this Court is of the considered view that Joint Affidavit filed by the parties deserves to be accepted and as such parties are permitted to compound the offence.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending in Spl.C.C.No.755/2018 (Cr.No.69/2016) on the file of LIII City Civil & Sessions Judge, Bangalore, registered against the petitioner for the offence punishable under Sections 506, 354A(1)(iii), 504, 323, 420 r/w Section 34 of IPC and Sections 8 & 12 of POCSO Act, 2012, are hereby quashed.
(iii) Petitioner is acquitted of the offences alleged against him.
SD/- JUDGE DR