IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 6599 OF 2016 BETWEEN:
MR. MOHAMMED FAROOQUE SAYED S/O SAYED ABDUL RAZAK BAHAROON AGED ABOUT 70 YEARS, R/AT GAZIPURA VILLAGE & POST HANAGAL TALUK, HAVERI DISTRICT - 57411 …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND:
1. STATE OF KARNATAKA BY STATION HOUSE OFFICER BAJPE POLICE STATION BAJPE, D.K.DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001.
2. MR. S. M. YACOOB CORRESPONDENT A.K.U HIGH SCHOOL GURUKAMBAL, KINNIKAMBLA POST ALSO RESIDING AT C/O. S.G.N INAMDAR KOPPARSIKOPPA POST GAZIPUR, HANGAL DHARWAD, KARNATAKA - 581 167.
3. MR.SAYYED KHALEEL S/O S.A.WAHAB, CORRESPONDENT, A.K.U.HIGH SCHOOL, GURUKAMBAL, KINNIKAMBLA POST, MANGALORE – 577 506.
... RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R.1; SRI DINESH KUMAR K. RAO, ADV., FOR R.3) 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.111/2016 (CR.NO.141/1990 OF BAJPE P.S.), FOR THE OFFENCE P/U/S 409 OF IPC PENDING ON THE FILE OF I ADDL. SR. CIVIL JUDGE AND C.J.M., MANGALORE, D.K.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner - Mr.Mohammed Farooque Sayed and respondent No.3 – Mr. Sayyed Khaleel, and their respective counsel so also learned Additional State Public Prosecutor for respondent No.1 are present.
2. This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.111/2016 (Crime No.141/1990) on the file of I Additional Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada, for the offences punishable under Section 409 of Cr.P.C.
3. The main allegation leveled against the petitioner is that during his tenure as Head Master in A.K.U. High School, Gurukambla, Kinnikambala, he misappropriated a sum of Rs.2,640/-.
4. When the case is taken up for hearing, petitioner and respondent No.3 moved an application under Section 482 read with Section 320 of Cr.P.C., seeking leave of this Court to compound the offences alleged against the petitioner. The said application is duly signed by the petitioner as well as respondent No.3 and their respective counsels and the same is supported by affidavits sworn to by the petitioner as well as respondent No.3.
5. In the application as well as in the affidavit, it is stated that respondent No.3 is the present President/correspondent of A.K.U. High School, Gurukambla, Kinnikambla and the Managing Committee has authorized respondent No.3 to appear in the above case and to seek leave of this Court to compound the alleged offences against the petitioner.
6. The resolution passed by the Committee Members is produced before this Court along with the application. It is stated in the application that the petitioner is aged about 74 years and he has already paid a sum of Rs.59,196.46 as compensation to the school by way of demand draft which has been duly acknowledged by respondent No.3. Respondent No.3 has withdrawn all the allegations levelled against the petitioner.
7. Having regard to the above facts and in view of the nature of the allegations made against the petitioner and considering the age of the petitioner, the parties are permitted to compound the alleged offences. Accordingly, the application filed under Section 482 read with Section 320 of Cr.P.C., is allowed. Consequently, the criminal petition is allowed. The proceedings pending in C.C.No.111/2016 (Cr.No.141/1990) on the file of I Additional Senior Civil Judge and C.J.M., Mangaluru, Dakshina Kannada, are quashed.
8. In view of disposal of the above petition, I.A.Nos.1/2016 and 2/2019 do not survive for consideration. Accordingly, they are disposed of.
Sd/- JUDGE SA