IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.16187/2019(GM-RES) BETWEEN:
SMT. SHEILA CHITTIAPPA W/O LATE PRATAP CHITTIAPPA AGED ABOUT 63 YEARS R/A NOKYA VILLAGE THITHIMATHI, PONNAMPET KODAGU – 571 216.
(BY SRI. MANMOHAN P.N., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY PONNAMPET POLICE STATION, GONIKOPPA CIRCLE, KODAGU – 571 216.
2. SMT. ITTEERA DAMAYANATHI W/O LATE KAVERAPPA AGED ABOUT 65 YEARS R/A AKKIMALA ESTATE NOKYA VILLAGE, THITHIMATHI PONNAMPET, VIRAJPET TALUK KODAGU – 571 216.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... PETITIONER ... RESPONDENTS SRI. ANISH ACHARYA., ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUITION OF INDIA, PRAYING TO QUASH THE COMPLAINT DATED:23.03.2019 FILED BY THE R-2 (PRODUCED AS ANNEXUER-A) AND QUASH THE FIR DATED:23.03.2019 REGISTERED AS CRIME NO.38/2019 BY THE R-1 (PRODUCED AS ANNEXURE-B) THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as accused No.4 in Crime No.38/2019 registered for the offences punishable under Section 468, 471, 420 and 149 IPC by Ponnampet Police Station is before this Court for quashing of said proceedings.
2. When this matter was listed on 16.04.2019 a memorandum of compromise under Section 320 of IPC r/w Article 226 of Constitution of India and Section 482 of Cr.P.C. came to be filed along with the affidavit of the complainant. After placing the same on record including agreement of sale dated 15.04.2019 executed by second respondent and her children in favour of daughter of petitioner and dispensing with their presence after recording the satisfaction with regard to the execution of memorandum of compromise, this matter was ordered to be listed today. Recording of memorandum of compromise on 16.04.2019 read:
“Parties namely, petitioner/accused and second respondent/complainant are present before Court and they have filed a Memorandum of Compromise under Section 320 of IPC r/w Article 226 of Constitution of India and Section 482 of Cr.P.C. along with affidavit of complainant.
Memo is filed enclosing agreement of sale dated 15.04.2019 executed by complainant and her children in favour of daughter of accused. Same is placed on record.
Petitioner/accused and Second respondent/ complainant are present before Court and they reiterate the contents of Memorandum of Compromise. Second respondent/complainant present before Court submits that out of her free own will without any force, threat or coercion she has affixed her signature to said Memorandum of Compromise. To establish the identity of parties present before Court, photocopies of identity cards issued by statutory authority is also produced along with Memorandum of Compromise.
Since accused Nos.2 and 3 namely, Revenue Officials having been arraigned as accused, to hear on Memorandum of Settlement/ Compromise this matter is ordered to be listed on 22.04.2019.”
3. Having heard the learned Advocates appearing for petitioner and second respondent as well as learned HCGP, who has made available further statement of complainant recorded by the jurisdictional Investigating Officer, it would clearly disclose that complainant has sought to withdraw the allegations made against accused No.4 and she has specifically stated that under a mistaken notion she had made certain allegations and in view of settlement being arrived she does not intend to prosecute her complaint.
4. In the light of dispute between complainant and her children on the one hand and daughter of the accused, which has resulted in entering into an agreement of sale dated 15.04.2019 and said dispute being more of civil flavour, this Court is of the considered view that continuation of proceedings pending against petitioner would not be appropriate and feasible particularly in the background of complainant herself having retraced her steps in prosecuting her complaint and thereby exhibiting her consent for quashing the proceedings.
5. In the light of aforestated facts and keeping in mind the principles laid down by the Hon’ble Apex Court in the matter of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that petitioner is entitled to the relief sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner (accused No.4) in Crime No.38/2019 registered for the offences punishable under Section 468, 471, 420 and 149 IPC by Ponnampet Police Station, is quashed and petitioner is acquitted of aforesaid offences.
(iii) Other accused persons are at liberty to take such steps as they may be advised.
SD/- JUDGE DR