IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3988/2014 BETWEEN:
Sri H.M.Mohan S/o late Muniramaiah Aged about 39 years R/at Heggondahalli Village Sarjapura Hobli, Anekal Taluk-560 087.
(By Sri Shankarappa, Advocate) AND:
1. The State of Karnataka By Sarjapura Police, Sarjapura, Anekal Taluk-560 089.
2. Sri Vinod S/o late Venugopal Aged about 29 years R/at A.E.C.S. Layout Kundalahalli, Bengaluru City-560 038.
…Petitioner …Respondents (By Sri Vijayakumar Majage, Addl. SPP for R1; Sri Ramesh Kumar R.V., Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in Crime No.131/2014 pending before the Prl. Civil Judge (Jr. Dn.) and JMFC, Anekal.
This Criminal Petition coming on for Admission this day, the Court made the following:-
O R D E R Petitioner Sri.H.M.Mohan and his counsel Sri.Shankarappa; respondent No.2 Sri.Vinod and his counsel Sri.Ramesh Kumar, R.V. and Sri.Vijayakumar Majage, Addl. SPP for respondent No.1-State are present.
2. Petitioner and respondent No.2 have filed an application under Section 320 of Cr.P.C. seeking leave of the Court to compound the offences punishable under Sections 506, 504, 323 and 353 of Indian Penal Code. Among the above offences only Section 353 is non- compoundable 3. Second respondent filed a complaint against the petitioner herein in Crime No.131/2014 on 29.06.2014 alleging commission of offences punishable under Sections 506, 504, 323 and 353 of Indian Penal Code. Petitioner also filed a counter complaint against second respondent in Crime No.130/2014 in respect of the same incident.
4. Now the petitioner has undertaken to withdraw the complaint filed by him against second respondent in Crime No.130/2014 (CC No.655/2017) and second respondent has undertaken to withdraw the complaint filed by him against petitioner in Crime No.131/2014 (CC No.1052/2016).
5. It is stated that the wife of petitioner Smt.Asha S. has filed a criminal case in Crime No.156/2014 wherein ‘B’ report is filed by the Sarjapura police before the Principal Civil Judge and JMFC at Anekal. In the backdrop of the above developments parties have entered into mutual settlement out of their own will and volition.
6. Having regard to the aforesaid circumstances, application is allowed. The parties are permitted to compound the offences alleged in the FIR.
7. The parties have filed a joint memo. In terms of the said joint memo, both the parties have withdrawn the allegations made against each other.
8. In view of the above, the submissions made by the petitioner and respondent No.2 is placed on record. The joint memo is accepted. In terms of the joint memo Criminal Petition No.3988/2014 is allowed. Consequently, the proceedings pending against the petitioner in Crime No.131/2014 (C.C.No.1052/2016) is hereby quashed.
Sd/- JUDGE *AP/-