SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sri Mahantesh vs The State Of Karnataka on 29 May, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF MAY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

CRIMINAL PETITION NO.8913 OF 2018

BETWEEN:
1. SRI MAHANTESH
S/O SHIVALINGAPPA,
AGE 26 YEARS,
R/AT KAMANABHAVI EXTENSION,
3RD CROSS, NEAR MARIKAMBA TEMPLE,
CHITRADURGA.

2. SMT VIMALAKSHI
W/O SHIVALINGAPPA,
AGE 44 YEARS,
R/AT KAMANABHAVI EXTENSION,
3RD CROSS, NEAR MARIKAMBA TEMPLE,
CHITRADURGA.
… PETITIONERS
(BY MR. SIDDAPPA B M, ADV.)

AND:
1. THE STATE OF KARNATAKA
BY CHITRADURGA TOWN POLICE STATION,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
AMBEDKAR BEEDI,
BENGALURU-560001.

2. SMT VINUTHA
W/O MAHANTESH,
AGE 23 YEARS,
R/AT KAMANABHAVI EXTENSION,
NEAR SUNNAD GUMMI,
CHITRADURGA.577 501.
… RESPONDENTS
(BY MR. S RACHAIAH, HCGP FOR R1
MR. M G KANTHARAJAPPA, ADV. FOR R2)
2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 26.06.2018,
IN C.C.NO.524/2015 PASSED BY THE LEARNED PRINCIPAL CIVIL
JUDGE AND JMFC, CHITRADURGA AND DIRECT THE TRAIL COURT
TO ACCEPT THE MEDIATION REPORT AND CLOSE THE CASE AND
ETC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,THIS
DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Mr.Mahantesh and Smt.Vimalakshi along with

Mr.Sidappa B.M., learned counsel for the petitioner,

Smt.Vinutha N. along with Mr.M.G.Kantharajappa,

learned counsel for respondent No.2 and Mr.S.Rachaiah,

learned High Court Government Pleader for respondent

No.1 are present before the Court.

2. In this petition under Section 482 of Code of

Criminal Procedure (hereinafter referred to as ‘the Code’

for short) the petitioner inter alia seeks quashment of

the order dated 26.06.2018 passed in C.C.No.524/2015

passed by Judicial Magistrate First Class, Chitradurga

and a direction to the trial court to accept the mediation

report.

3

3. Facts giving rise to filing of the petition

briefly stated are that on the basis of the complaint, the

respondent No.1 filed a charge sheet against the

petitioners for the offences punishable under Sections

504, Section324, Section498A read with Section 34 of Indian Penal

Code, 1860. During the pendency of the petitioner, the

parties have entered into an amicable settlement and

the parties have filed an application before the Trial

Court. However, the aforesaid application was rejected

by the Trial Court.

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
4

even a non compoundable offence in the light of the

guidelines laid down by the Supreme Court in the case

of ‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’,

(2017) 9 SCC 641.

5. In view of the preceding analysis, the

impugned order dated 26.06.2018 is hereby quashed.

6. In the result, the proceedings pending

against the petitioner in C.C.No.524/2015 for the

offences punishable under Sections 504, Section324, Section498A read

with Section 34 of Indian Penal Code, 1860 pending in

the Court of II Additional Civil Judge and Judicial

Magistrate First Class Court, Chitradurga in view of the

compromise arrived at between the parties are are

hereby quashed. Accordingly, the petition is allowed.

Sd/-

JUDGE

SS

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation