IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2706 OF 2016 BETWEEN:
1. K M MOHIDDIN KUNHI S/O LATE KUNHI MOHIM HAZI, AGED ABOUT 47 YEARS, R/O PADOORU HOUSE, CHATTAMCHALL, TEKKIL VILLAGE, KASARAGODU TALUKA KERALA STATE 2. SMT. HARIFA KUNHI MOHIM W/O MUNEER, AGED ABOUT 41 YEARS, R/O PADOORU HOUSE, CHATTAMCHALL, TEKKIL VILLAGE, KASARAGODU TALUKA KERALA STATE ... PETITIONERS (BY SRI: DINESH KUMAR.K., ADVOCATE FOR SRI: R B DESHPANDE, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION MANGALORE CITY - 575 001 REPRESENTED BY SPP, HIGH COURT BUILDINGS, BANGALORE - 560 001.
2. DR ANAND VENUGOPAL AGED MAJOR, UNIT HEAD AND MEDICAL SUPERINTENDENT, K.M.C. HOSPITAL, DR.B.R.AMBEDKAR CIRCLE, MANGALORE - 575 001.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SMT: SANIDHYA SADANAND NAYAK, ADVOCATE FOR DR.S.V. JOGA RAO, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.251/2013 REGISTERED BY MANGALORE NORTH POLICE STATION PENDING ON THE FILE OF JMFC (II COURT), MANGALORE IN C.C.NO.2477/2014.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner No.1/Accused No.1 - Sri.K.M.Mohiddin Kunhi and his counsel- Dinesh Kumar K Rao, respondent No.2-Dr.Anand Venugopal and his counsel- Smt.Sanidhya Sadanand Nayak and learned Additional SPP for respondent No.1 are present.
2. Petitioner No.1 and respondent No.2 have filed an application under Section 482 r/w.320(8) of Cr.P.C. seeking leave of the Court to permit the parties to compound the offences alleged against the petitioners under Sections 448, 504, 323, 354, 427 r/w.34 of IPC. The application is signed by petitioner No.1, respondent No.2 and their respective counsels. Parties are identified by their counsels.
3. Petition is supported by an affidavit sworn to by respondent No.2 wherein it is stated that the alleged incident had taken place in a spur of moment due to a relative of the petitioner died in the hospital. Matter is amicably settled between the parties and respondent No.2 does not intend to proceed with the case against the petitioners.
4. Respondent No.2 submits that terms of the aforesaid settlement and the contents of the affidavit are true and voluntary and that he withdraws all the allegations made against the petitioners and he requests the court to accept the application and quash the proceedings initiated against the petitioners.
5. Having regard to the circumstances of the case and in view of the settlement arrived at between the parties, the application filed under Sections 482 r/w.320(8) of Cr.P.C. is allowed. Parties are permitted to compound the above offences.
Accordingly, the petition is allowed. The proceedings in C.C.No.2477/2014 pending on the file of II JMFC Court, Mangalore are quashed.
Sd/- JUDGE rs