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Karnataka High Court
Mr Ravi Kumar vs State Of Karnataka on 21 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:7227
CRL.P No. 13528 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON’BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 13528 OF 2023 (482)
BETWEEN:
MR. RAVI KUMAR,
AGED ABOUT 34 YEARS,
S/O LAKSHMAIAYA
R/AT SONAGANAHALLI,
GOWRIBIDANUR TALUK
CHIKKABALLAPURA DIST.-561210.
…PETITIONER
(BY SRI. MOHANA CHANDRA P., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY YELAHANKA NEW TOWN
POLICE STATION,
REPRESENTED BY THE
SPECIAL PUBLIC PROSECUTOR,
Digitally signed
by SANDHYA S HIGH COURT OF KARNATAKA
Location: High AMBEDKAR VEEDHI,
Court of BANGALORE – 01.
Karnataka
2. MR. ANIL KUMAR,
AGED 32 YEARS,
S/O NARAYANAPPA,
R/AT C/O MUNIYAPPA,
KEMPEGOWDA LAYOUT,
PALANAHALLI ROAD, YELAHANKA,
BANGALORE – 560064.
…RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP. FOR R1/STATE,
R2 APPEARED BEFORE COURT.)
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CRL.P No. 13528 of 2023
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE CHARGE SHEET IN CR.NO.171/2021 OF
YELAHANKA NEW TOWN POLICE STATION AND
CONSEQUENTLY FILING THE CHARGE SHEET AND TAKING
COGNIZANCE OF THE OFFENCE P/U/S 498A, 307 AND 506 OF
IPC, REGISTERING CASE IN S.C.NO.1254/2021 PENDING ON
THE FILE OF XLV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP takes notice for respondent-State.
Petitioner and respondent are present physically
before this Court.
This petition is filed by the petitioner under Section
482 of Cr.P.C. seeking to quash the criminal proceedings
in S.C.No.1254/2021 arising out of crime No.171/2021 of
Yelahanka New Town Police pending on the file of 45th
Addl. City Civil and Sessions Judge, Bangalore and charge
sheeted for the offence punishable under Sections 498A,
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CRL.P No. 13528 of 2023
2. During the pendency of the petition, petitioner
and respondent have filed joint application along with
affidavit seeking permission of this Court for compounding
of the alleged offence.
3. It is stated by learned counsel for the petitioner
that now the petitioner and respondent are leading happy
marital life but due to some disturbance in the family, the
petitioner stabbed the respondent who is a staff nurse
thereby the police have filed charge sheet and they are
having two small children aged 8 years and 4 years
respectively. Hence, he prayed to allow the application.
4. On contrary, the learned HCGP though objects
to allow the application but submits that in the interest of
wife and two small children, the application may be
considered.
5. Having considered the facts and circumstances,
though the alleged offence is 307 of IPC but due to sudden
provocation, the petitioner has stabbed respondent and
therefore, the police have charge sheeted the offence
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CRL.P No. 13528 of 2023
under Section 307 of IPC. Petitioner is the husband and
he is an agriculturist and the respondent is wife who is a
staff nurse and having two school going children and
leading their marital life happily.
6. It is relevant to mention here the decision
rendered by the Hon’ble Supreme Court in the case of
Yogendra Yadav Ors. Vs. State of Jharkhand Anr
reported in AIR 2014 SC 3055, wherein it is observed
that:
“the offences which are non-
compoundable cannot be
compounded by the court. Courts
draw the power of compounding
offences from Section 320 of the
Code. The said provision has to be
strictly followed (Gian Singh v.
State of Punjab [1]). However, in a
given case, the High Court can quash
a criminal proceeding in exercise of
its power under Section 482 of the
Code having regard to the fact that
the parties have amicably settled
their disputes and the victim has
no objection, even though the
offences are non-compoundable. In
which cases, the High Court can
exercise its discretion to quash the
proceedings will depend on facts and
circumstances of each case.
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CRL.P No. 13528 of 2023
Offences which involve moral
turpitude, grave offences like rape,
murder etc. cannot be effaced by
quashing the proceedings because
that will have harmful effect on
the society. Such offences cannot be
said to be restricted to two individuals
or two groups. If such offences are
quashed, it may send wrong signal to
the society. However, when the High
Court is convinced that the offences
are entirely personal in nature and,
therefore, do not affect public peace
or tranquility and where it feels that
quashing of such proceedings on
account of compromise would bring
about peace and would secure
ends of justice, it should not
hesitate to quash them. In such
cases, the prosecution becomes a
lame prosecution. Pursuing such a
lame prosecution would be waste of
time and energy. That will also
unsettle the compromise and obstruct
restoration of peace.”
7. Therefore, in the present case on hand, the
Court if at all to allow the petition by compounding the
offence, it will not affect the public at large. As such, the
application is allowed and permit the petitioner and
respondent to compound the offence. As a result, the
criminal petition is allowed.
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CRL.P No. 13528 of 2023
8. Consequently, the criminal proceedings in
S.C.No.1254/2021 arising out of crime No.171/2021 of
Yelahanka New Town Police pending on the file of 45th
Addl. City Civil and Sessions Judge, Bangalore is hereby
quashed.
Sd/-
JUDGE
SSD
List No.: 1 Sl No.: 11
