IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2080 OF 2019 BETWEEN:
SMT. PADMAVATHI D.M W/O RAGHURAMA K.B AGED ABOUT 58 YEARS R/AT BUDLEGUTTU HOUSE KANAKA MAJALU, SULLIA TALUK, D.K.DISTRICT-574 223 … PETITIONER (BY SHRI. B. LETHIF, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SULLIA POLICE STATION D.K.DISTRICT REP. BY THE S.P.P HIGH COURT BUILDING BENGALURU-560 001 2. SRI. SHANKAR PERAJE PRESIDENT, TALUK MOGERA SANGHA SULLIA TALUK, D.K.DISTRICT-574 223 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R1; SHRI. K.C. PRATHEEP, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPL.C.NO.188/2017 (CR.NO.352/2016) OF SULLIA POLICE STATION, D.K.DISTRICT ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU FOR THE OFFENCE P/U/S 3(1)(r)(u)(zc) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Taluk Mogera Sangha, Sullia filed a complaint alleging that the petitioner who is a Teacher had taken 28 students to a house warming ceremony and distributed prasadam to some students belonging to the Scheduled Caste community outside the house. Accordingly, F.I.R.No.352/2016 was registered in Sullia Police Station on 03.10.2016. Police after investigation, have filed chargesheet. Petitioner has challenged the same in this criminal petition.
2. Sri.K.C.Pratheep, learned advocate appearing for Respondent No.2 (complainant) has filed a complainant’s affidavit dated 29.03.2015, which reads as follows:
I, Sri. Shankar Peraje S/o. Koragappa, Residing at 1-26, Shree Naga Brahma Nilaya, Peraje, Sullia Taluk, D.K. District- 574239, Ex-President Taluk Mogera Sangha, having office at:Sullia Taluk, D.K.District- 574223, Today at Bangalore do hereby solemnly affirm and state on oath as follows:-
1. I State that, I am the respondent No.2 in the above case and I know the facts and circumstances of the case and as such I am deposing as hereunder.
2. I state that, I am the Ex- President of 2nd respondent’s Sangha and presently the Honorary President of our association. I state that our association unanimously decided to withdraw the case against the petitioner and the respondent’s association having No Objection to quash the proceedings against the petitioner.
3. I state that the association had given authorization to me to withdraw the case and file an affidavit before this Hon’ble Court with consultation of parents of students and the other members of the association.
4. I state that the association has decided to withdraw the case since the petitioner had apologized for the offence and to lead peaceful life in our locality among the student and decided to withdraw the case against the petitioner.
5. I state that I have no force, coercion or undue influence for filing of this affidavit. I have no objection to quash the proceedings against the petitioner.
3. Sri.Pratheep, learned counsel further submits that the complainant has no objection for quashing the proceedings against petitioner. He further submits that keeping in view the social harmony and the apology tendered by the petitioner, the proceedings may be quashed.
4. His submission is placed on record.
5. This is a case in which allegations have been made against a Teacher by an Association in respect of distribution of prasadam. The Association President has filed his affidavit. In the circumstances, no useful purpose would be served in continuing the criminal proceedings as the complainant has stated that he has no objection to quash the proceedings. It is also stated that complainant has decided to withdraw the complaint to ensure peace in the locality among students.
6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in Special Case No.188/2017 (Crime No.352/2016) pending on the file of the II Addl. District and Sessions Judge, D.K, Mangaluru, are quashed so far as petitioner is concerned.
Sd/- JUDGE bnv