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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)
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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.
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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
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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