IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1222 OF 2013 BETWEEN:
1. Sri Gregory D’souza Aged 32 years 2. Sri Felix D’souza Aged 32 years Both are residents of Kallarpe House Nidpalli Village and Post Puttur Taluk D.K.District …Petitioners (By Sri Aruna Shyam M., Advocate) AND:
1. The State of Karnataka by Through Sub-Inspector of Police Puttur Rural Police Station (Represented by State Public Prosecutor, High Court Building Bengaluru-560 001) 2. Mrs.Lilly D’Souza Nidpalli Grama Puttur, D.K.-574 201 ...Respondents (By Sri.Vijayakumar Majage, Addl. SPP, for R-1 Sri.Rajaram S., Adv. for R-2) This petition is filed under Section 482 Cr.P.C. praying to quash the order dated: 3.11.12 and the entire proceedings in C.C.No.1074/2012 (Crime No.196/12-Petty case), on the file of the Addl.C.J., and JMFC, Puttur and etc.
This Petition coming on for admission this day, the Court made the following:
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O R D E R Heard learned counsel appearing for the petitioners, learned counsel appearing for respondent No.2 and the learned Addl. S.P.P. appearing for respondent No.1.
2. The petitioners have sought to quash the order dated 03.11.2012 and the proceedings in C.C. No.1074/2012 on the file of Addl. Civil Judge and JMFC., Puttur for the alleged offence punishable under Section 92(1)(o) of the Karnataka Police Act.
3. Learned counsel appearing for the petitioners and respondent No.2 have filed a memo of settlement/compromise under Section 320 r/w Section 482 of Cr.P.C. supported by an affidavit sworn to by the 2nd respondent, wherein, it is stated that petitioners and respondent No.2 are of the same locality and they belong to the same community and they have settled their inter- se misunderstanding and dispute at the intervention and advice of their well-wishers and elders in the society and locality and in terms of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioners.
4. In view of the affidavit sworn to by respondent No.2 and in terms of the aforesaid settlement and also the allegations made against the petitioners being non- cognizable in nature, the compromise petition filed under Section 320 of Cr.P.C. is allowed. Parties are permitted to compromise the alleged offence. Consequently, the petition is allowed. The proceedings pending against the petitioners in C.C. No.1074/2012 arising out of Crime No.196/2012 on the file of Addl. Civil Judge and JMFC., Puttur are hereby quashed.
Sd/- JUDGE BS