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Sri Neelakantha N vs The State By Jeevan Bheema on 28 May, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF MAY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

CRIMINAL PETITION NO.877 OF 2019
BETWEEN:

1. Sri.Neelakantha N,
S/o Late Nagalingam,
Age:33 Years.

2. Smt.Vasantha,
W/o Late Nagalingam,
Age:54 Years.

3. Sri Uday Kumar,
S/o Late Nagalingam,
Age:36 Years.

4. Smt.Jayalakshmi,
W/o Sri Uday Kumar,
Age: 35 Years.

Petitioner No.1 to 4 are
R/at No.888/A, 3rd Main Road,
Near Chandrodaya School,
Divanara Palya, Mathikere,
Bangalore North,
Bangalore – 560054. … Petitioners

(By Sri Ravindra Prasad B, Advocate)

AND:

1. The State by Jeevan Bheema
2

Nagar Police,
Rep. by Public Prosecutor,
High Court of Karnataka,
Bangalore – 560001.

2. Smt. Priya A.M,
W/o Sri Neelakantha,
Age: 31 Years,
R/at: No.73, 3rd Cross,
Silver Cloud Layout,
Kalkere Main Road,
Horamavu,
Bangalore – 560043. … Respondents

(By Sri Vijaykumar Majage, Addl.SPP for R1,
Sri Abhilesh J, Adv. for R2)

This Criminal Petition is filed under Section
482 of Cr.P.C. praying to quash the FIR and Final
Report/Charge Sheet Registered by the respondent
Police in C.C.No.50043/2018 In CR No.202/2016
(0445/2016) for the offence punishable Under
Section 498A, Section34 of IPC, pending before the X
A.C.M.M., Mayo Hall, Bangalore.

This Petition coming on for Orders this day,
the Court made the following:-

ORDER

Mr. Ravindra Prasad B, learned counsel for the

petitioner.

2. Mr. Vijayakumar Majage, learned

Additional SPP for respondent No.1.
3

3. Mr. Abhilesh J, learned counsel for

respondent No.2.

4. Learned counsel for the petitioner with

petitioners namely, Mr. Neelakantha N, Smt.

Vasantha, Sri Uday Kumar and Smt. Jayalakshmi

are present. Learned counsel for the respondent

No.2 along with respondent No.2 namely Smt. Priya

A M are present.

5. Petition is admitted for hearing with

consent of both the parties.

6. In this petition under Section 482 of the

Code of Criminal Procedure, the petitioner inter alia

seeks quashment of offence under Section 498-A

read with Section 34 of the Indian Penal Code

pending before the X Additional Chief Metropolitan

Magistrate Court, Mayohall, Bengaluru in C.C.

No.50043/2018.

4

7. When the matter was taken up learned

counsel for the parties have filed a joint affidavit in

which they have stated that they have amicably

settled the dispute and therefore the proceeding in

C.C. No.50043/2018 which is registered on the

complaint of respondent No.2 dated 03.10.2018 be

quashed.

8. 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 Supreme Court in the case of
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‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’,

(2017) 9 SCC 641.

9. In view of the aforesaid enunciation of

law and in view of the guidelines laid down by the

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.

10. The proceedings initiated against the

petitioner in C.C. No.50043/2018 pending before

the X Additional Chief Metropolitan Magistrate at

Mayohall, Bengaluru City is hereby quashed.

Accordingly the petition is disposed of.

Sd/-

JUDGE
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