IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1268/2019 BETWEEN:
MR. VISHNU PRASAD V S/O GOPALKRISHNA BHAT AGED ABOUT 42 YEARS R/AT HOUSE NO.2-48/4 (1) ANKITH HOUSE, JALLIGUDDE BAJAL POST, MANGALORE TALUK D.K. DISTRICT- 575 027.
... PETITIONER (BY SRI. NISHIT KUMAR SHETTY., ADVOCATE) AND:
1. STATE OF KARNATAKA BY SHO, MANGALORE SOUTH POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
2. SRI. ABDUL SALEEM AGED ABOUT 50 YEARS S/O HAJI. M. ISMAIL SECRETARY OF NOOR APARTMENT, R/AT NOOR APARTMENT, NEAR NOOR MASJID, BEHIND OF MILAGRIS CHURCH, MANGALORE D.K. DISTRICT - 575 001.
3. SRI. ABDUL RASHEED AGED ABOUT 47 YEARS S/O ABDUL KHADAR R/AT FLAT NO. 304, 3RD FLOOR NOOR APARTMENT, BEHIND OF MILAGRIS CHURCH HAMPANKATTE, MANGALORE D.K. DISTRICT - 575 001.
4. YUSUF ALI AGED ABOUT 9 YEARS S/O ABDUL RASHEED R/AT FLAT NO.304, 3RD FLOOR NOOR APARTMENT, BEHIND OF MILAGRIS CHURCH HAMPANKATTE, MANGALORE D.K. - 575 001 MINOR, REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER SRI. ABDUL RASHID AGED ABOUT 47 YEARS.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SMT. POOJA KATTIMANI., ADVOCATE FOR R-3 AND R-4) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.227/2019 (CRIME NO.38/2018) OF MANGALORE SOUTH POLICE STATION, REGISTERED FOR THE OFFENCE P/U/S.338 OF IPC, PENDING ON THE FILE OF THE JMFC (II COURT) MANGALORE, D.K., DISTRICT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who has been arraigned as accused in C.C.No.227/2019 (arising out of Crime No.38/2018) registered by Mangalore South Police Station pending on the file of JMFC (II Court), Mangalore, Dakshina Kannada, for the offence punishable under Section 338 of IPC, has sought for quashing of said proceedings.
2. An application under Section 320(2) of Cr.P.C. for compounding the offence and to quash the proceedings has been filed by the petitioner as well as fourth respondent i.e., injured, who is a minor represented by his father and natural guardian.
3. Having heard the learned Advocates appearing for parties and on perusal of case papers it would disclose that petitioner is the Assistant Manager of M/s. Thyssenkrupp Elevator (India) Pvt. Ltd., Mangalore Branch, which is established globally and have been taking care of maintenance of lifts installed by it. First complainant, who is the Secretary of Noor Association and second complainant, who is the father of injured boy Yusuf Ali, had filed a complaint on 19.02.2018 alleging that lift fitted in the apartment building was serviced by Thyssenkrupp Elevators (India) Pvt. Ltd. and on 17.02.2018 fourth respondent herein accompanied by his father and mother entered the lift by opening the door and fell into the pit, sustained grievous head injury and as such sought for suitable action being taken. Said complaint came to be registered in Crime No.38/2018 for the offence punishable under Section 338 of IPC and after investigation charge sheet has been filed for the said offence.
4. In the application filed under Section 320(2) Cr.P.C. it has been stated that matter has been compromised and as such complainants have sought for compounding of offence and to quash the proceedings for which they have no objection. Fourth respondent-injured being a minor boy aged about 9 years, is represented by his father, who is present before the Court submits that he has no objection for quashing of the proceedings by compounding the offence, since matter is amicably settled with the respondent.
5. Parties are present before Court and they reiterate the contents of application filed today. The representative/natural guardian of fourth respondent- injured submits that he has no objection for proceedings being quashed. To establish their identity photocopies of identity cards issued by the statutory authority and duly signed by them has been produced along with the application. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the application.
6. In the light of aforestated facts and keeping in mind the principles laid down by the 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 against petitioner would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following: ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in C.C.No.227/2019 (arising out of Crime No.38/2018) registered by Mangalore South Police Station on the file of JMFC (II Court), Mangalore, Dakshina Kannada, registered for the offence punishable under Section 338 of IPC, is hereby quashed and petitioner is acquitted of said offence.
In view of petition having been allowed, I.A.No.1/2019 for stay does not survive for consideration and it is rejected.
SD/- JUDGE DR