Sri. Vivek H K vs The State Of Karnataka
2021 Latest Caselaw 1912 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 17TH DAY OF APRIL, 2021

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              WRIT PETITION NO.1038/2020(GM-RES)

BETWEEN:

SRI. VIVEK H.K.,
S/O LATE PRAKASH
AGED ABOUT 40 YEARS
RESIDING AT "SHAMBAVI NILAYA"
6TH 'A' CROSS, MARUTHI NAGAR
TUMAKURU-572101.                           ... PETITIONER

             (BY SRI SUYOG HERLE E., ADVOCATE)
AND:

1.     THE STATE OF KARNATAKA
       BY GULPET POLICE STATION, KOLAR-563101
       REP. BY STATE PUBLIC PROSECUTOR
       HIGH COURT OF BUILDING
       BENGALURU-560001.

2.     SMT. KANJANETHRI B.S.,
       W/O VIVEK H.K.,
       AGED ABOUT 38 YEARS
       RESIDING AT "SHVIANETHRA NILAYA"
       B.R.M. COMPOUND, GOWRIPET
       KOLAR-563101.                    ... RESPONDENTS

             (BY SRI SHOWRI H.R., HCGP FOR R1;
              SRI R.V.ANAND, ADVOCATE FOR R2)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.614/2019 ON THE FILE OF HONBLE II ADDITIONAL
JUDGE (JUNIOR DIVISION) AND JMFC COURT AT KOLAR WHICH
IS ARISING OUT OF CRIME NO.31/2019 OF GULPET POLICE
STATION, FOR THE ALLEGED OFFENCES UNDER SECTIONS 504
AND 506 OF IPC VIDE ANNEXURES-A, B AND E RESPECTIVELY.

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

                            ORDER

This petition is filed under Articles 226 and 227 of the

Constitution of India read with Section 482 of Cr.P.C. praying

this Court to issue a writ in the nature of Certiorari or any other

writ or order and quash the entire proceedings in

C.C.No.614/2019 on the file of II Additional Judge (Junior

Division) and JMFC Court at Kolar which is arising out of Crime

No.31/2019 of Gulpet Police Station for the offence under

Sections 504 and 506 of IPC and issue any other writ or order or

direction as deems fit in the facts and circumstances of the case.

2. The factual matrix of the case is that respondent

No.2 had lodged the complaint with respondent No.1 making the

allegation against the petitioner herein that he caused life threat

and also abused in a filthy language. Based on the complaint,

the police have registered the FIR and investigated the matter

and filed the charge sheet. Hence, the present petition is filed

before the Court.

3. Now the parties have compromised the matter and

filed an application under Section 320 read with Section 482 of

Cr.P.C. seeking leave of this Court to permit them to compound

the offence and in support of the said application, affidavits are

filed by respondent No.2 and the petitioner separately. Having

perused the application and affidavits of the respective parties,

the averments made in the application is clear that the matter

has been settled among the parties amicably.

4. The Apex Court in the case of GIAN SINGH v.

STATE OF PUNJAB reported in (2012) 10 SCC 303, held that

if the offence alleged is a matrimonial offence and not affecting

the society at large but inter se between the parties, the Court

may compound the offences, which have been invoked against

them. In view of the principles laid down in the judgment

referred supra, the parties are permitted to compound the

offences invoked against the petitioner herein.

5. In view of the discussion made above, I pass the

following:-

ORDER

(i) The application filed under Section 320

read with Section 482 of Cr.P.C. is allowed.

(ii) Consequently, the petition is allowed and

the proceedings initiated against the petitioner

herein in C.C.No.614/2019 on the file of II Additional

Judge (Junior Division) and JMFC Court at Kolar

(Crime No.31/2019) for the offence punishable under

Sections 504 and 506 of IPC are hereby quashed.

Sd/-

JUDGE

PYR