IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.3455 OF 2019 BETWEEN:
1. Sri. Kumar. C S/o Channabasavaiah aged about 45 years resident of No. 4/1 3rd ‘A’ Cross, 7th ‘B’ cross SVG Nagar, Moddalapalya Bengaluru – 560 091.
2. Sri. Channappa S/o Late Basappa, aged about 71 years resident of Ghattipura Village Kasaba Hobli, Magadi Taluk Ramanagara District Ramanagara - 562 129.
3. Sri. Basavarajaiaya S/o Channabasavaiah @ Kenchappa aged about 50 years Resident of 133, Balaji Layout Badarahalli Magadi Main Road Begnaluru - 560 091.
4. Smt. Gangabhadramma D/o Channabasavaiah @ Kenchappa, W/o Srikantaiah aged about 53 years resident of Kempegowdanagara Badarahalli, Magadi Main Road Bengaluru - 560 091.
(By Sri. Harsha D. Joshi, Advocate) And:
1. State of Karnataka by Vijayanagara Police Station Vijayanagara Sub-Division Bangalore City Rep by Special Public Prosecutor High Court of Karnataka Bengaluru - 560 001.
2. Smt. B.M. Shobha w/o C. Kumar aged about 34 years residing at no.4/1 3rd ‘A cross, (7th cross) SVG Nagar (shanthaveri gopalagowdanagar) Moodalapalya Bengaluru - 560 072.
... Petitioners ... Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R-1; Sri. Ramanjaneya. V, Advocate for R-2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to 1.Quash the FIR registered by the respondent Vijayanagara P.S. in crime No.511 of 2015 vide, Annexure-A on a complaint lodged against the petitioners for the offence alleged to have been committed by the petitioners under section 498a,324,504,506,109 read with 34 of IPC and etc.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Harsha D. Joshi, learned counsel for the petitioners.
Sri. Vijaya Kumar Majage, learned counsel for respondent No.1.
Sri. Ramanjaneya V., learned counsel for respondent No.2.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners inter alia seek quashment of the proceedings registered vide C.C.No.7095/2016 pending before XXIV Additional Chief Metropolitan Magistrate at Bengaluru for the offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of the Indian Penal Code.
3. When the matter was taken up today, learned counsel for the parties have produced the joint affidavit. Learned counsel for the parties as well as parties have stated that they have amicably settled the dispute against themselves.
4. I have heard the learned counsel for the parties and have perused the record. Admittedly, the complainant and the accused have entered into a compromise and have settled the dispute amicably between themselves. There is no chance of conviction against the accused and the entire exercise of trial would be an exercise in futility. It is well settled in law that this Court in exercise of powers under Section 482 of the Code can quash the proceedings in respect of even a non compoundable offence in the light of the guidelines laid down by the Hon’ble Supreme Court in the case of ‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’, (2017) 9 SCC 641.
5. In view of the aforesaid enunciation of law and in view of the guidelines laid down by the Hon’ble Supreme Court in the aforementioned decision, in order to secure the ends of justice and taking into account the fact that the parties have amicably resolved the dispute, I deem it appropriate to exercise the inherent powers to quash the criminal proceedings.
6. In the result, the proceedings in C.C.No.7095/2016 pending before XXIV Additional Chief Metropolitan Magistrate at Bengaluru for the offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of the Indian Penal Code in view of the compromise arrived at between the parties are hereby quashed. Accordingly, the petition is disposed of.
7. In view of the disposal of the main petition, pending Interlocutory Application does not survive for consideration. Accordingly, the same is disposed of.
Sd/-
JUDGE Mds/-