IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4080/2017 BETWEEN SMT. VIDYA, AGED ABOUT 24 YEARS, W/O LATE A. B. VIJAYA, OCC:HOUSE WIFE, R/O MAHADEVAPURA, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT ... PETITIONER (BY SRI. H. C. SHIVARAMU, ADV.) AND 1. STATE OF KARNATAKA, BY HALAGURU POLICE STATION, MALAVALLI TALUK, MANDYA DISTRICT, REP. BY S.P.P, HIGH COURT BUILDING, BENGALURU-560 001 2. SHRI. SHIVALINGEGOUDA, AGED ABOUT 45 YEARS, S/O NINGEGOUDA, OCC:AGRICULTURE, R/O AGASANAPURA VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 423 ... RESPONDENTS (BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1 SRI. A. H. BHAGAVAN, ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN ANNEXURE-B IN C.C.NO.197/2014 (CR.NO.71/2013-HALAGURU P.S.) U/S 143, 144, 147, 148, 323, 324 R/W 149 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, MALAVALLI IN SO FAR AS IT RELATES TO THE PETITIONER HEREIN (ACCUSED NO.1 IN TC) BEING ARBITRARY AND OPPOSED TO LAW.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for quashing of CC No.197/2014 arising out of Crime No.71/2013 of Halagur Police Station, pending on the file of the Principal Civil Judge & JMFC, Malavalli, for the offence punishable under sections 143, 147, 148, 324, 327 read with Section 149 of IPC.
2. It is an admitted fact that this petitioner has filed a case registered in Crime No.69/2013, with reference to the same incident, which had taken place on 14.4.2013. According to him, both the cases are – “Case & Counter case”.
3. Sri A.H. Bhagavan, learned counsel for the respondent No.2 does not dispute the above said factual aspects.
4. Under the above said circumstances, when another case i.e., counter case is pending consideration, there is no room for quashing of the proceedings arising out of Case and counter case. Both the cases have to be considered simultaneously by the trail court. Accordingly, the petition deserves to be dismissed. *The trial court is hereby directed to dispose of the case and counter case after receipt of both the cases as expeditiously as possible preferably within six months from the date of receipt of a copy of this order.
The petition is dismissed. The petitioner is at liberty to make an application before the trial court for the purpose of simultaneous trial of both the cases. If the court is vacant as submitted by the learned counsel, he can make an application to the court having concurrent jurisdiction.
PL* *Corrected Vide Order dated 3.1.2018.
Sd/-
JUDGE