IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7520/2017 BETWEEN:
SRIVATSAVA J S/O.J.L.PRASAD AGED 47 YEARS, OCC: BUSINESS, RESIDENT OF VILLA NO.307, ADARSHAPALM RETREAT, MARATHAHALLI RING ROAD, DEVARAJEEVANAHALLI, BENGALURU – 560 103 (BY SRI. PRASANNA KUMAR.P, ADVOCATE) AND:
1. STATE OF KARNATAKA BY H.S.R.LAYOUT POLICE STATION, BENGALURU CITY, BENGALURU – 560 100 REP. BY SPP HIGH COURT BUILDING, BENGALURU – 560 001 2. MR. ANAND S/O.NAGARAJAPPA, AGED 44 YEARS, CONTRACTOR, RESIDENT OF BILLERAHALLI VILLAGE, KYASAMBALLI HOBLI, BANGARPET TALUK, KGF, KOLAR – 563 130 ...PETITIONER ... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R-1; SRI.B.VACHAN, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C. PRAYING TO QUASH THE ORDER DATED 14.10.2014 PASSED BY THE LEARNED SPECIAL JUDGE FOR SC/ST (PREVENTION OF ATROCITIES CASES) (CCH-17) BENGALURU CITY, BENGALURU IN SPECIAL C.C.NO.442/2014 IN THE COURT OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER HEREIN FOR THE OFFENCE P/U/S 3(1)(10) OF SC/ST (PREVENTION OF ATROCITIES ACT) AND SECTION 420 AND 323 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Prasanna Kumar, learned counsel appearing for petitioner, Sri.Rachaiah, learned HCGP appearing for first respondent – State and Sri.B.Vachan, learned counsel appearing for second respondent. Perused the records.
2. Petitioner who has been arraigned as accused in Spl.C.C.No.442/2014 registered for the offences punishable under Sections 420, 323 of IPC and Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, pending on the file of II Additional City Civil and Sessions Judge, Bangalore, is seeking for quashing of said proceedings.
3. Second respondent herein (informant) gave a statement before Medical Officer, K.G.F. General Hospital on 26.07.2013 alleging that while he was doing contract work with the accused at Bangalore, he had received an amount of ` 30,27,000/- from accused and still ` 29,00,000/- was kept pending and when he approached the accused along with his uncle and demanded balance payment, accused had threatened him and abused him by using his caste name and thereby committed aforesaid offences. Hence, he requested the jurisdictional police to take appropriate action. Said complaint came to be registered in Cr.No.420/2013 for the offences punishable under Sections 323, 420 IPC and Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. After completion of investigation, charge sheet came to be filed against petitioner for the aforesaid offences in Spl. C.C.No.442/2014.
4. Today, an application under Section 320 r/w Section 482 of Cr.P.C. is filed by second respondent along with his affidavit stating thereunder that he is not inclined to continue the proceedings, since he has amicably settled his disputes with the accused and he is no more interested in prosecuting the complaint filed by him against petitioner. Second respondent, who is present before Court states that out of his own free will without any force, threat or coercion he has agreed to withdraw the proceedings against petitioner and has also produced photocopy of the identity card issued by statutory authority to establish his identity and same is counter signed by learned counsel appearing on his behalf.
5. In the light of complainant himself submitting that he is not interested in prosecuting the complaint, which he has lodged against petitioner and also having stated that he has settled all his disputes with the accused and also in view of law laid by Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings before trial Court would be waste of judicial time and it would not sub- serve the ends of justice or in other words, continuation of said proceedings against petitioner would be an abuse of process of law. Hence, this Court is of the considered view that prayer sought for by the petitioner deserves to be granted.
For the reasons aforestated, I proceed to pass the following.
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending against petitioner in Spl.C.C.No.442/2014 before II Additional City Civil and Sessions Judge, Bangalore, is hereby quashed.
(iii) Petitioner is acquitted of the offences punishable under Sections 420, 323 of IPC and Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.
SD/- JUDGE DR