IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1600/2019 BETWEEN:
MR. NANDU G S/O GUNA BHUSHAN AGED ABOUT 21 YEARS STUDENT, CMS COLLEGE JAIN UNIVERSITY, R/AT NO.1018 DR. RAJKUMAR ROAD 4TH BLOCK, RAJAJI NAGAR BANGALORE -64.
(BY SRI. RANJAN KUMAR. P., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY MAGADI ROAD POLICE BANGALORE CITY. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) 2. KUM. YASHIKA DINESH A D/O DINESH A.N AGED ABOUT 21 YEARS RESIDING AT NO.777/6 17TH B MAIN, 5TH A BLOCK RAJAJINAGAR, BANGALORE.
... RESPONDENTS (BY SRI. TEJAS N., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS PENDING IN C.C.NO.2959/2019 ON THE FILE OF THE III A.C.M.M., BANGALORE WHICH IS ARISING OUT OF CR.NO.198/2018 OF MAGADI ROAD P.S., BANGALORE FOR THE OFFENCE P/U/S 341, 354 OF IPC AS COMPOUNDED AND ACQUIT THE PETITIONER FOR THE OFFENCE ALLEGED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who was arraigned as accused in C.C.No.2959/2019 on the file of III Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 341, 504, 325, 354, 307 IPC is before this Court for quashing of said proceedings.
2. Heard Sri. Ranjan Kumar, learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for first respondent and Sri. Tejas N, learned Advocate appearing for second respondent. Perused the records.
3. Today, a joint memo has been filed signed by petitioner-accused and second respondent – complainant whereunder they have stated that offences punishable under Sections 341, 354 of IPC are being compoundable and in the interest of both parties they have settled their dispute. As such complainant has no objection for prosecution initiated by her against petitioner being quashed which is now pending on the file of III Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.2959/2019 and an affidavit has also been filed by the complainant to the said effect.
4. As could be seen from the records, second respondent-complainant had lodged a complaint on 21.09.2018 alleging that she was proceeding in her car near Dr. Rajkumar Road, Bangalore and petitioner who is said to be her classmate had followed her and have waylaid her car and asked her to accompany him but on her refusal there was verbal altercation between them. She had also alleged that petitioner had caught hold of her hand and snatched her car key, with great difficulty she took back her car key and drove away in high speed and on these lines she lodged a complaint before the jurisdictional police, who in turn have registered an FIR in Crime No.198/2018 against petitioner for the offences punishable under Sections 341, 504, 325, 354 and 307 of IPC and on completion of investigation charge sheet came to be filed for the offences punishable under Sections 341 and 354 of IPC. Said offences are compoundable.
5. Second respondent–complainant is present before Court and reiterates the contents of her Affidavit filed along with joint memo. She submits that out of her own free will and volition, without any threat, force or coercion she has affixed her signature to the said joint memo and affidavit. She also submits that she is not inclined to continue with the prosecution initiated by her against petitioner.
6. Parties are present before Court and they are identified by their learned Advocates. To establish their identity photocopies of identity cards issued by the statutory authorities are also produced along with a joint memo.
7. In the light of aforestated facts and keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioner would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (1) Criminal petition is allowed.
(2) Proceedings pending against petitioner in C.C.No.2959/2019 on the file of III Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 341 and 354 IPC is hereby quashed and petitioner is acquitted of aforesaid offences.
SD/-
JUDGE RU