IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8033 OF 2013 BETWEEN:
SMT SAVITHA W/O. V. SRINIVAS, AGED ABOUT 33 YEARS ADVOCATE R/AT MUTHKURU VILLAGE, ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT (BY SRI: M.D. BASAVANNA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA ... PETITIONER REP. BY BETHAMANGALA POLICE STATION KOLAR DISTRICT BY ITS GOVERNMENT PLEADER, HIGH COURT BUILDING COMPLEX, BANGALORE - 01 2. SMT. H.S.RADHA W/O CHOWDAPPA AGED ABOUT 30 YEARS, R/AT POOLCHAND LAYOUT, MUTHYALAPETE MULUBAGILU KOLAR DIST.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: P.DHANANJAYA FOR Y H VIJAYA KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE FIRST RESPONDENT POLICE AGAINST THIS PETITIONER IN CRIME NO.107/12 (C.C.NO.422/12) DATED:6.11.12 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.) AND J.M.F.C., COURT, KOLAR DISTRICT K.G.F.
THIS CRL.P COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner Smt. Savitha and her counsel Sri. M.D. Basavanna, respondent No.2 Smt. H.S. Radha and her counsel Sri. P. Dhananjaya representing Sri. Y.H. Vijay Kumar are present.
On behalf of respondent No.1 State, learned SPP-II Sri. I.A. Pramod Chandra is also present.
2. Petitioner and respondent No.2 have presented a compromise petition under Section 320 r/w Section 482 Cr.P.C. seeking leave of this Court to permit the parties to compound the offences alleged against the petitioner. The parties are duly identified by their respective counsels. The petition is duly signed by the petitioner, respondent No.2 and their respective counsels. In the petition, it is stated that due to oversight, the name of the petitioner was inserted as accused No.6 in the first information report. The dispute involved in the said proceedings is amicably settled between the petitioner and the second respondent and by virtue of the settlement, respondent No.2 has withdrawn all the allegations made against the petitioner/accused No.6 and has sought to quash the proceedings arising out of Cr.No.107/2012(C.C.No.422/12) only insofar as the petitioner is concerned.
3. Learned SPP-II appearing for respondent No.1 State has brought to my notice that charge sheet is laid against eight accused persons including the present petitioner invoking Section 149 Indian Penal Code and hence part compromise entered into by the petitioner and the second respondent cannot be accepted.
4. On going through the averments made in the petition, it is noticed that the second respondent has entered into the aforesaid compromise with the petitioner solely on the ground that the petitioner herein viz., accused No.6 was implicated by her in the alleged offences as she happened to be the wife of first accused. The second respondent has not chosen to withdraw the proceedings filed against the husband of the petitioner, which indicate that having realized the mistake, she has chosen to withdraw the case only insofar as petitioner is concerned. Therefore, I do not find any legal impediment to accept the compromise petition submitted by the parties.
5. Accordingly, the petition filed under Section 320 r/w Section 482 Cr.P.C. is allowed. The parties are permitted to compound the offences against the petitioner. Consequently, the petition is allowed. The proceedings pending on the file of Addl. Senior Civil Judge(CJM) at KGF, Kolar District in C.C.No.422/2012 arising out of Cr.No.107/2012 are quashed only insofar as the petitioner Smt. Savitha (Accused No.6) is concerned. The trial Court shall proceed with the trial against other accused persons named in the said proceedings in accordance with law.
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Sd/- JUDGE