IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7864/2017 BETWEEN:
1. SRI. H.S. ASHOKA S/O LATE SHANTHA MALLAPPA AGED ABOUT 46 YEARS 2. SMT. SARITHA W/O H.S. ASHOKA AGED ABOUT 42 YEARS 3. SMT. CHINNAMMA W/O LATE SHANTHA MALLAPPA AGED ABOUT 70 YEARS ALL ARE RESIDING AT GUDUGALALE SHANIVARASANTHE SOMVARPET TALUK KODAGU DISTRICT-571 235.
(BY SRI. SUDARSHAN L, ADVOCATE) AND:
1. STATE BY SHANIVARASANTHE POLICE STATION REP. BY SPP BENGALURU-560 001.
2. SRI. H.R. ASHOKA @ UMESH S/O RAVIKUMARA ... PETITIONERS AGED ABOUT 19 YEARS R/AT KUGEKODI VILLAGE SHANIVARASANTHE KODAGU DISTRICT-571235 NATIVE OF AMBEDKAR NAGARA HOLENARASIPURA TOWN HASSAN DISTRICT-573 211.
... RESPONDENTS (BY SRI. S. RACHAHAIH, HCGP FOR R-1;
SRI. DINESH KUMAR RAO, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. PRAYING TO QUASH THE CHARGE SHEET IN SPL. CASE NO.64/2017 ON THE FILE OF SHANIVARASANTEH POLICE STATION AND PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADIKERI, KODAGU DISTRICT FOR THE OFFENCES P/U/S 323, 307, 34 OF IPC AND SECTION 3(1) (r) (s) OF SCHEDULED CASTE AND SCHEDULE TRIBES (POA) AMENDMENT ORDINANCE 2014.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Second respondent filed a complaint on 05.04.2017 against petitioners alleging that he had been assaulted by petitioners, abused in foul and filthy language and humiliated by addressing him by using his caste name. Said complaint came to be registered in Cr.No.54/2017 by first respondent against the petitioners for the offences punishable under Sections 323, 307, 34 IPC and Section 3(1)(r)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Amendment ordinance 2014).
2. Parties are present before Court namely, petitioner and complainant and they have filed a Joint Memo of compromise whereunder it is stated that they have settled their disputes amicably and complainant is not intending to prosecute the complaint lodged by him against petitioners and intends to withdraw the allegations made against the petitioners on the ground that they are known to each other and they are neighbours and as such, they have resolved to live in peace and harmony. Second respondent who is present before Court submits that he has no objection for proceedings against petitioners being quashed. He also submits that contents of Joint Memo of compromise are true and correct and he is not interested in prosecuting the complaint lodged by him against the petitioners and he has no objection for quashing the proceedings pending against petitioners.
3. Petitioners and respondents who are present before Court are identified by their learned Advocates and to establish their identity they have produced photocopies of identity cards issued by statutory authorities. In token of having identified the parties, respective learned Advocates have also affixed their signatures to the photocopies of identity cards issued by the statutory authorities.
4. Taking into consideration that parties have resolved their disputes and in view of the fact that complainant is not interested in prosecuting the complaint, this Court is of the considered view that continuation of further proceedings against petitioners would not serve any fruitful purpose and it would only be an exercise in futility and would be abuse of process of law.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending against petitioners in Spl. Case No.64/2017 before Prl. District and Sessions Court, Madikeri, Kodagu District, is hereby quashed.
SD/- JUDGE DR