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Judgments of Supreme Court of India and High Courts

Sri. Kumar C vs State Of Karnataka on 31 May, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF MAY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

CRIMINAL PETITION NO.3455 OF 2019

BETWEEN:

1. Sri. Kumar. C
S/o Channabasavaiah
aged about 45 years
resident of No. 4/1
3rd ‘A’ Cross, 7th ‘B’ cross
SVG Nagar, Moddalapalya
Bengaluru – 560 091.

2. Sri. Channappa
S/o Late Basappa,
aged about 71 years
resident of Ghattipura Village
Kasaba Hobli, Magadi Taluk
Ramanagara District
Ramanagara – 562 129.

3. Sri. Basavarajaiaya
S/o Channabasavaiah @ Kenchappa
aged about 50 years
Resident of 133,
Balaji Layout
Badarahalli Magadi Main Road
Begnaluru – 560 091.

4. Smt. Gangabhadramma
D/o Channabasavaiah @ Kenchappa,
W/o Srikantaiah
2

aged about 53 years
resident of Kempegowdanagara
Badarahalli, Magadi Main Road
Bengaluru – 560 091.
… Petitioners
(By Sri. Harsha D. Joshi, Advocate)

And:

1. State of Karnataka
by Vijayanagara Police Station
Vijayanagara Sub-Division
Bangalore City
Rep by Special Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001.

2. Smt. B.M. Shobha
w/o C. Kumar
aged about 34 years
residing at no.4/1
3rd ‘A cross, (7th cross)
SVG Nagar
(shanthaveri gopalagowdanagar)
Moodalapalya
Bengaluru – 560 072.
… Respondents

(By Sri. Vijaya Kumar Majage, Addl. SPP for R-1;
Sri. Ramanjaneya. V, Advocate for R-2)

This Criminal Petition is filed under Section
482 of Cr.P.C. praying to 1.Quash the FIR
registered by the respondent Vijayanagara P.S. in
crime No.511 of 2015 vide, Annexure-A on a
complaint lodged against the petitioners for the
offence alleged to have been committed by the
petitioners under Sectionsection 498a,Section324,Section504,Section506,Section109
read with 34 of SectionIPC and etc.
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This Petition coming on for Admission, this
day, the Court made the following:-

ORDER

Sri. Harsha D. Joshi, learned counsel for the

petitioners.

Sri. Vijaya Kumar Majage, learned counsel for

respondent No.1.

Sri. Ramanjaneya V., learned counsel for

respondent No.2.

The petition is admitted for hearing. With the

consent of learned counsel for the parties, the same

is heard finally.

2. In this petition under Section 482 of the

Code of Criminal Procedure, 1973, the petitioners

inter alia seek quashment of the proceedings

registered vide C.C.No.7095/2016 pending before

XXIV Additional Chief Metropolitan Magistrate at

Bengaluru for the offences punishable under
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Sections 498A, Section323, Section504, Section506, Section109 read with

Section 34 of the Indian Penal Code.

3. When the matter was taken up today,

learned counsel for the parties have produced the

joint affidavit. Learned counsel for the parties as

well as parties have stated that they have amicably

settled the dispute against themselves.

4. I have heard the learned counsel for the

parties and have perused the record. Admittedly,

the complainant and the accused have entered into

a compromise and have settled the dispute

amicably between themselves. There is no chance

of conviction against the accused and the entire

exercise of trial would be an exercise in futility. It is

well settled in law that this Court in exercise of

powers under Section 482 of the Code can quash

the proceedings in respect of even a non

compoundable offence in the light of the guidelines

laid down by the Hon’ble Supreme Court in the case
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of ‘PARBATBHAI AAHIR VS. STATE OF

GUJRAT’, (2017) 9 SCC 641.

5. In view of the aforesaid enunciation of

law and in view of the guidelines laid down by the

Hon’ble Supreme Court in the aforementioned

decision, in order to secure the ends of justice and

taking into account the fact that the parties have

amicably resolved the dispute, I deem it

appropriate to exercise the inherent powers to

quash the criminal proceedings.

6. In the result, the proceedings in

C.C.No.7095/2016 pending before XXIV Additional

Chief Metropolitan Magistrate at Bengaluru for the

offences punishable under Sections 498A, Section323, Section504,

Section506, Section109 read with Section 34 of the Indian Penal

Code in view of the compromise arrived at between

the parties are hereby quashed. Accordingly, the

petition is disposed of.

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7. In view of the disposal of the main

petition, pending Interlocutory Application does not

survive for consideration. Accordingly, the same is

disposed of.

Sd/-

JUDGE

Mds/-

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