IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.877 OF 2019 BETWEEN:
1. Sri.Neelakantha N, S/o Late Nagalingam, Age:33 Years.
2. Smt.Vasantha, W/o Late Nagalingam, Age:54 Years.
3. Sri Uday Kumar, S/o Late Nagalingam, Age:36 Years.
4. Smt.Jayalakshmi, W/o Sri Uday Kumar, Age: 35 Years.
Petitioner No.1 to 4 are R/at No.888/A, 3rd Main Road, Near Chandrodaya School, Divanara Palya, Mathikere, Bangalore North, Bangalore – 560054. … Petitioners (By Sri Ravindra Prasad B, Advocate) AND:
1. The State by Jeevan Bheema Nagar Police, Rep. by Public Prosecutor, High Court of Karnataka, Bangalore – 560001.
2. Smt. Priya A.M, W/o Sri Neelakantha, Age: 31 Years, R/at: No.73, 3rd Cross, Silver Cloud Layout, Kalkere Main Road, Horamavu, Bangalore – 560043. … Respondents (By Sri Vijaykumar Majage, Addl.SPP for R1, Sri Abhilesh J, Adv. for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the FIR and Final Report/Charge Sheet Registered by the respondent Police in C.C.No.50043/2018 In CR No.202/2016 (0445/2016) for the offence punishable Under Section 498A, 34 of IPC, pending before the X A.C.M.M., Mayo Hall, Bangalore.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Mr. Ravindra Prasad B, learned counsel for the petitioner.
2. Mr. Vijayakumar Majage, learned Additional SPP for respondent No.1.
3. Mr. Abhilesh J, learned counsel for respondent No.2.
4. Learned counsel for the petitioner with petitioners namely, Mr. Neelakantha N, Smt. Vasantha, Sri Uday Kumar and Smt. Jayalakshmi are present. Learned counsel for the respondent No.2 along with respondent No.2 namely Smt. Priya A M are present.
5. Petition is admitted for hearing with consent of both the parties.
6. In this petition under Section 482 of the Code of Criminal Procedure, the petitioner inter alia seeks quashment of offence under Section 498-A read with Section 34 of the Indian Penal Code pending before the X Additional Chief Metropolitan Magistrate Court, Mayohall, Bengaluru in C.C. No.50043/2018.
7. When the matter was taken up learned counsel for the parties have filed a joint affidavit in which they have stated that they have amicably settled the dispute and therefore the proceeding in C.C. No.50043/2018 which is registered on the complaint of respondent No.2 dated 03.10.2018 be quashed.
8. 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 Supreme Court in the case of ‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’, (2017) 9 SCC 641.
9. In view of the aforesaid enunciation of law and in view of the guidelines laid down by the 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.
10. The proceedings initiated against the petitioner in C.C. No.50043/2018 pending before the X Additional Chief Metropolitan Magistrate at Mayohall, Bengaluru City is hereby quashed. Accordingly the petition is disposed of.
Sd/-
JUDGE ykl