IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.373 OF 2013 BETWEEN:
1. NAVEEN SAPALYA S/O JANARDHANA AGED ABOUT 39 YEARS R/O NEAR DEKKADU SANTHOSH NAGAR KUTTAR MANGALORE TALUK-575001.
2. GANESH K S/O MANJAPPA BELCHADA AGED ABOUT 40 YEARS R/O OPP BABBUKATTE SCHOOL BABBUKATTE, PERMANNORU VILLAGE, MANGALORE TALUK-575 001 ... PETITIONERS (BY SRI: S LAKSHMINARAYANA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ASSISTANT SUPERINTENDENT OF POLICE, KONAJE, DAKSHINA KANNADA DISTRICT, REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BANGALORE 560001 2. SESAPPA S/O LATE GURUVAPPA AGED ABOUT 43 YEARS R/O KAMBALA PADAVU HOUSE PAVOORU POST VIA MANGALA GANGOTHRI, MANGALORE TALUK-575 001 ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: PRASHANTH .K., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.31/07 ON THE FILE OF THE II ADDL.S.J., AND SPL. JUDGE, MANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 3(1)(v) OF THE SC AND ST ACT, 1989 AND SECS. 419, 420 OF IPC R/W 34 OF IPC.
THIS CRL.P COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner No.1 Sri. Naveen Sapalya, petitioner No.2 Sri. Ganesh K. and their counsel Sri. S. Lakshminarayana, respondent No.2 Sesappa and his counsel Sri. Prashanth K. are present.
On behalf of respondent No.1-State Sri. I.S. Pramod Chandra, learned SPP-II is present.
2. Petitioners and respondent No.2 have presented an application I.A.No.1/2019 under Section 320 r/w Section 482 Cr.P.C. seeking leave of this Court to compound the offences alleged against the petitioner. The application is duly signed by the petitioners and respondent No.2 and their counsels. The application is supported by the affidavit of the second respondent. As the second respondent is not conversant with Kannada and English language, I have communicated with the 2nd respondent in Tulu and has ascertained that he has freely and voluntarily withdrawn all the allegations made against the petitioners. The 2nd respondent submits that in view of the mutual settlement arrived at between him and the petitioners, the prosecution initiated against the petitioners be quashed.
3. The submissions of the parties is placed on record. The application is also placed on record.
4. In view of the above submissions and the contents of the affidavit sworn to by the second respondent withdrawing all the allegations made against the petitioners, the application in I.A.No.1/2019 is allowed. The petitioners and respondent No.2 are permitted to compound the offences.
Accordingly, the petition is allowed. The proceedings pending against the petitioners in Spl.C.No.31/2007 on the file of II Addl. District Sessions & Special Judge, Dakshina Kannada, Mangaluru for the offences punishable under sections 3(1) (v) of The Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 and Sections 149, 420 r/w 34 IPC are hereby quashed.
Sd/- JUDGE *mn/-