IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.1804 OF 2019 BETWEEN:
MS. KAVITHA NAIR AGED ABOUT 30 YEARS W/O. ANIL R RESIDING AT NO.945 LAKSHMISADAN, 8TH CROSS GOKUL I STAGE 1ST PHASE, MATHIKERE BANGALORE – 560 054 …PETITIONER (BY SMT. KAVITHA NAIR, PARTY-IN-PERSON) AND:
1. STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION SHANTHALA NAGAR ASHOK NAGAR BENGALURU KARNATAKA – 560025 REPRESENTED BY THE STATE PUBLIC PROSECUTOR 2. M/S. SINGHANIA & PARTNERS REPRESENTED BY ITS PARTNER MS. SHILPA SHAH NO.401, PRESTIGE MERIDIAN II M.G.ROAD, NO.30 BANGALORE – 560 001 …RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1;
SMT. SHILPA SHAH, ADV., FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.386/2016, REGISTERED AS C.C.NO.53506/2017 PENDING ON THE FILE OF THE XLIII A.C.M.M. AT BANGALORE (MAYO HALL UNIT) PURSUANT TO THE COMPLAINT FILED BY THE 2ND RESPONDENT ON 24.10.2016 AS PER ANNEXURE-A BASED UPON WHICH THE 1ST RESPONDENT FILED AN FIR AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 360 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Kavitha Nair, petitioner/Party-in-person.
Sri Vijayakumar Majage, learned Additional State Public Prosecutor for respondent No.1.
Smt. Shilpa Shah, learned counsel for respondent No.2.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks quashment of the proceedings in Cr.No.386/2016 registered as C.C.no.53506/2017 for the offences punishable under Sections 380 and 420 of IPC pending on the file of the XLIII Additional Chief Metropolitan Magistrate at Bengaluru (Mayo hall Unit).
4. When the matter is taken up today, the learned counsel for the petitioner and respondent No.2 jointly submit that they have amicably resolved the dispute between themselves.
5. I have heard the learned counsel for the parties and perused the record. Admittedly, the complainant and the accused have entered into a compromise and have settled the dispute amicably between themselves. There is no chance of conviction against the accused and the entire exercise of trial would be an exercise in futility. It is well settled in law that this Court in exercise of powers under Section 482 of the Code can quash the proceedings in respect of even a non compoundable offence in the light of the guidelines laid down by the Supreme Court in the case of ‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’, (2017) 9 SCC 641.
6. In view of the aforesaid enunciation of law and in view of the guidelines laid down by the Supreme Court in the aforementioned decision, in order to secure the ends of justice and taking into account the fact that the parties have amicably resolved the dispute, I deem it appropriate to exercise the inherent powers to quash the criminal proceedings.
7. In the result, the proceedings in C.C.No.53506/2017 (Crime No.386/2016) for the offences punishable under Sections 380 & 420 of Indian Penal Code in view of the compromise arrived at between the parties are hereby quashed. Accordingly, the petition is allowed.
sd/- Judge HJ