IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.431/2019 BETWEEN:
MR. RAJANIKANTH @ RAGHU S/O RAJAPPA AGED ABOUT 19 YEARS R/A SIDDHAPURA VILLAGE SHIVANI HOBLI, TARIKERE TALUK CHIKMAGALURU DISTRICT – 577 228.
(BY SRI. H. MALATESH., ADVOCATE) AND:
1. STATE BY AJJAMPURA POLICE STATION, TARIKERE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 01.
... PETITIONER 2. KUMAR SWAMY M S/O T. MALLAPPA AGED ABOU 49 YEARS R/AT BASAVESHWARA LAYOUT AJJAMPURA, TARIKERE TALUK CHIKMAGALURU DISTRICT – 577 228.
... RESPONDENTS (BY SMT. MOHANA KUMARI B.V., ADVOCATE FOR R-2 SRI. S. RACHAIAH., HCGP FOR R-1) THIS CRIMINAL PETITIN IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN THE COURT OF CIVIL JUDGE AND ADDITIONAL JMFC TARIKERE IN C.C.NO.148/2018 (ARISING OUT OF THE CRIME NO.221/2017 OF AJJAMPURA POLICE STATION) REGISTERED FOR THE OFFENCE P/U/S.354(D), 509 OF IPC AND U/S.66(D) OF THE INFORMATION AND TECHNOLOGY ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is accused in C.C.No.148/2018 is facing criminal prosecution for the offence punishable under Section 354(D), 509 of IPC pending on the file of Civil Judge and Addl. JMFC, Tarikere, is before this Court for quashing of said proceedings.
2. Gist of the prosecution case is that, petitioner herein and second respondent’s daughter, were studying in the same class and as such he created a facebook account in the name of ‘Sayyadh Salman Ranjitha’ with profile photo of complainant’s daughter and another person and as such second respondent’s father had lodged a complaint with Ajjampura Police Station, which came to be is registered in Crime No.221/2017 for the aforesaid offence including Section 66D of Information Technology Act, 2008 and after investigation charge sheet came to be filed as noticed hereinabove.
3. Today, petitioner and second respondent have filed a joint memo stating thereunder that studies of petitioner including second respondent’s daughter would get harmed, if the proceedings are continued and as such complainant intends to withdraw the allegations made against petitioner in the interest of both parties. Affidavits of parties are also filed and same is taken on record.
4. Parties are present before Court and they reiterate the contents of joint memo and affidavits. Second respondent’s father submits that out of his own free will and volition, without any threat, force or coercion he has affixed his signature to the joint memo. He also submits that he is not inclined to continue with the proceedings initiated by him against petitioner as it would harm the studies of his daughter as well as petitioner. To establish their identity photocopies of identity cards issued by the statutory authority is produced along with the joint memo and in token of having identified the parties respective learned Advocates have also affixed their signatures to the joint memo.
5. In the light of aforestated facts and keeping in mind the principles laid down by 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 (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in C.C.No.148/2018 registered for the offences punishable under Sections 354(D), 509 of IPC and Section 66D of the Information Technology Act, 2008, on the file of Civil Judge and JMFC, Tarikere, is hereby quashed and petitioner is acquitted of above said offence.
SD/- JUDGE DR