IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.161 OF 2019 BETWEEN:
HASSAN SADIK, S/O ABBAS, AGED ABOUT 30 YEARS, R/AT KODANGAI HOUSE, KODANGAI POST AND VILLAGE, BANTWAL TALUK, VITLA TOWN, D.K. DISTRICT – 574 243. …PETITIONER (BY SRI.D.S.PRAKASH, ADVOCATE FOR SRI. B.LETHIF, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY PUTTUR RURAL POLICE STATION, D.K. DISTRICT.
REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU – 560 001.
2. A.K.USMAN, S/O IDINABBA, AGED ABOUT 24 YEARS, R/AT KELAGINAKERE HOUSE, ADDURU POST AND VILLAGE, MANGALURU TALUK, D.K DISTRICT – 574 245. …RESPONDENTS (BY SRI. S.CHANDRASHEKARAIAH, HCGP FOR R1; SRI. PRATHEEP K.C., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.656/2016 (CR.NO.182/2015) OF PUTTUR RURAL POLICE STATION, D.K. ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.) AND J.M.F.C., PUTTUR FOR THE OFFENCE P/U/S 323, 341, 324 AND 506 OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri D.S. Prakash, learned advocate for the petitioner, Shri S. Chandrashekariah, learned HCGP for the State and Shri Pratheep.K.C, learned advocate for respondent No.2.
2. Respondent No.2 filed a complaint with Puttur Rural Police Station on 18.11.2015 against petitioner alleging that he was assaulted. On the basis of the said complaint, the police registered F.I.R. No.182/2015. The police after investigation have filed charge sheet for the offences punishable under Section 341, 323, 324 and 506 of Indian Penal Code. Hence, the petitioner has filed this petition to quash the criminal proceedings before the trial Court.
3. Both learned advocates submit that the parties have settled the dispute amicably and filed a Joint affidavit of even date. They pray that this petition be disposed of in terms of settlement recorded in the Joint affidavit.
4. Learned HCGP submits that since the parties have amicably settled the dispute, their prayer may be considered.
5. Petitioner and second respondent are present and identified by their respective advocates. The Joint affidavit is duly signed by the petitioner, respondent No.2 and their respective advocates.
6. The petitioner and respondent No.2 admit the terms of settlement stated in the Joint affidavit.
The same is lawful and hence accepted. The Joint affidavit reads as follows:
”JOINT AFFIDAVIT We, 1. Hassan Sadik, s/o Abbas, Aged about 30 years, R/at: Kodangai House, Kodangai Post, Bantwal Taluk, Vitla Town, D.K.District – 574243, and 2. A.K.Usman, S/o Idinabba, Aged about 24 years, R/at: Kelagina Mane, Adduru Post, Mangalurur Taluk, D.K.District – 574245, today at Bangalore, do hereby solemnly affirm and state on oath as follows:
1. We state that, the petitioner/accused and respondent No.2/complainant, were known to each other and moreover friends. We state that on a complaint filed 2nd respondent, the respondent police registered FIR in Crime No.182/2015, thereafter the respondent police investigated the case and filed a charge sheet in CC No.656/2016 for the offence punishable under Section 341, 323, 324 and 506 of IPC.
2. We state that we resolved our dispute with the intervention of the relatives and friends between us.
3. We state that, the complainant is having no objection to quash the entire proceedings against the petitioner in CC No.656/2016 for the offence punishable under Section 341, 323, 324 and 506 of IPC.
4. We are (sic have) no claim against each other and our disputes were settled out of the court amicably.
Wherefore, we pray that this Hon’ble Court may be pleased to quash the entire proceedings against the petitioner in CC No.656/2016 (crime No.182/2015) of Puttur Rural Police Station, D.K.District, pending on the file of Addl. Civil Judge (Senior Division) & JMFC at Puttur, for the offence punishable under Section 341, 323, 324, 506 of IPC in the interest of justice and equity.”
7. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly, all proceedings in C.C.No.656/2016 (Crime No.182/2015) on the file of the Addl. Civil Judge (Senior Division) and JMFC, Puttur, are quashed.
8. Petition disposed of.
No costs.
Sd/- JUDGE ln.
ch.yn.