IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5725/2015 BETWEEN:
1. Mallikarjunaiah S/o Seethapurada Vishwnathappa, Aged about 39 years, 2. Seethapurada Vishwnathappa S/o Nanjundappa, Aged about 62 years, 3. Nanjamma W/o Seethapurada Vishwnathappa, Aged about 56 years, 4. Umesha S/o Seethapurada Vishwnathappa, Aged about 37 years, All are R/o Doddaennegere Village, Chikkanayakanahally Taluk – 572 132 Tumkur District. ... Petitioners (By Sri. Chethan .B, Advocate) AND:
1. State of Karnataka By Holalkere Police Station, Holalkere – 577 526, Chitradurga District.
2. K. Shekarappa S/o Maravanji Kalappa, Major, R/at Basapura Village, Holalkere Taluk – 577 526, Chitradurga District. ... Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri. R. Shashidhara, Advocate for R2) This Criminal Petition is filed u/s.482 of Cr.P.C. praying to quash the proceedings against the petitioners in C.C. No.248/2013 on the file of Principal Civil Judge and J.M.F.C., Holalkere, wherein the respondent police have filed charge sheet against the petitioners for the alleged offence under Section 420 r/w 34 of IPC.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner No.1-Sri.Mallikarjunaiah, Petitioner No.2- Sri. Seethapurada Vishwnathappa, Petitioner No.3- Smt. Nanjamma, Petitioner No.4-Sri. Umesha and their counsel Sri. Chethan. B are present. Respondent No.2/ Sri. K. Shekarappa and his counsel Sri. R. Shashidhara are present. On behalf of respondent No.1-State, Sri. Vijayakumar Majage, Additional SPP is present.
2. Petitioners and respondent No.2 have moved an application under Section 320 (2) r/w Section 482 of Cr.P.C. seeking leave of the Court to compound the alleged offence punishable under Section 420 r/w 34 of IPC. The application is duly signed by the petitioners and their counsel and respondent No.2 and his counsel. It is supported by the affidavit of respondent No.2.
3. In the application, it is stated that the petitioners’ family and respondent No.2’s family are known to each other and at the advice of elders and well wishers, both the parties have agreed amicably to settle their dispute in terms of the said settlement. Respondent No.2 has withdrawn all the allegations made against the petitioners and has no objection to quash the proceedings initiated against them in C.C. No.248/2013.
4. The parties submitted that the compromise arrived at between them is free and voluntary and the same is in the interest of their respective family to maintain peace.
5. Having regard to the nature of the allegations made against the petitioners and in view of the compromise arrived at between the parties, the application is allowed. Petitioners and respondent No.2 are permitted to compound the above offence.
Consequently, the petition is allowed. The proceedings pending against the petitioners in C.C. No.248/2013 on the file of Principal Civil Judge and J.M.F.C., Holalkere for the offence punishable under Section 420 r/w 34 of IPC, is hereby quashed.
Sd/- JUDGE SV