-IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.3250 OF 2017 Between:
Farooq, S/o late Abdul Khadar, Aged about years, R/a Near Idga Masjid, 7th Block, Katipalla Village, Mangalore – 574 149. …Petitioner (By Shri. Vikas M., Advocate for Shri. Sachin B.S., Advocate) And:
1. State by Surathkal P.S., Represented by its SPP, High Court of Karnataka, High Court Building, Bangalore – 1.
2. Raghavendra Bhat, S/o late Ramakrishna Bhat, Aged 41 years, R/a Site No.142, 5th Block, Krishnapura, Katipalla Village, Mangalore – 574 149. …Respondents (By Shri. Vijayakumar Majage, Addl. SPP for R1; Shri. Rahul Rai, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.115/2010 on the file of I Additional Sr. Civil Judge and C.J.M., Mangalore initiated as against the petitioner for the offences P/U/S 341, 504, 323, 392 r/w 34 of IPC.
This Petition coming on for orders this day, the Court made the following:-
O R D E R The petitioner is accused of offences punishable under Sections 341, 323, 504 and 392 read with Section 34 of the Indian Penal Code, 1860. He was facing proceedings in a case registered as C.C. No.127/2005. However during the pendency of the matter this petition having been filed in the background that the accused and the complainant have arrived at a settlement whereby they seek to compound the matter. Since the offences alleged are non compoundable, the present petition is filed.
Shri Rahul Rai, learned counsel has entered appearance for the respondent. The petition is summarily allowed in view of the law laid down by the Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and the proceedings pending in C.C. No.115/2010 on the file of the I Additional Senior Civil Judge and Chief Judicial Magistrate at Mangalore stands quashed.
Sd/- JUDGE ykl