Karnataka High Court
Kumar Desai And Ors vs Pramod And Anr on 3 December, 2021
Bench: H.P.Sandesh
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201656/2021
BETWEEN:
1. KUMAR DESAI
AGE: 33 YEARS
OCC: AGRICULTURE
R/O BABLESHWAR
TQ. SINDAGI
DIST. VIJAYAPUR-586101
2. SURESH PUJARI
AGE: 38 YEARS, OCC: COOLIE
R/O KALAHALLI, TQ. SINDAGI
DIST. VIJAYAPUR-586101
3. SACHIN DESAI
AGE: 24 YEARS, OCC: COOLIE
R/O BABLESHWAR, TQ. SINDAGI
DIST. VIJAYAPUR-586101
4. MANTESH DESAI
AGE: 28 YEARS, OCC: COOLIE
R/O BABLESHWAR, TQ. SINDAGI
DIST. VIJAYAPUR-586101
5. MAHESH DESAI
AGE: 25 YEARS, OCC: AGRICULTURE
R/O BABLESHWAR, TQ. SINDAGI
DIST. VIJAYAPUR-586101
6. MALLU BIRADAR (AHERI)
AGE: 33 YEARS, OCC: COOLIE
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R/O BABLESHWAR, TQ. SINDAGI
DIST. VIJAYAPUR-586101
... PETITIONERS
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
1. PRAMOD
S/O SHRISHAIL BAGEWADI
AGE: 30 YEARS, OCC: AGRICULTURE
R/O NAGARALLI, TQ. SINDAGI
DIST. VIJAYAPUR-586101
2. STATE OF KARNATAKA
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
(THROUGH SINDAGI P.S.,
DIST. VIJAYAPUR-586101)
... RESPONDENTS
(BY SRI KEDAR M. DESAI, ADVOCATE FOR R1;
SRI GURURAJ V. HASILKAR, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE FIR
AND COMPLAINT REGISTERED BY SINDAGI POLICE STATION IN
FIR (CRIME) NO.290/2021 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 323, 324, 341, 307, 504, 506, R/W
SECTION 149 OF IPC, PENDING ON THE FILE OF CIVIL JUDGE
AND JMFC COURT AT SINDAGI, DIST. VIJAYAPUR.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
Sri Kedar M. Desai, learned counsel has filed vakalat
for respondent No.1/complainant.
Office is directed to take the signatures of the
petitioners and respondent No.1/complainant.
2. This petition is filed under Section 482 of
Cr.P.C., praying this Court to quash the FIR and complaint
in Crime No.290/2021 registered by Sindagi Police Station,
Vijayapur District, for the offences punishable under
Sections 143, 147, 323, 324, 341, 307, 504, 506, r/w
Section 149 of IPC.
3. The parties have filed application in
I.A.No.1/2021 under Section 482 of Cr.P.C., praying this
Court to quash the case registered against the petitioners
stating that they have settled the matter among
themselves. The application is also attested by the
advocates as well as parties. In support of the application,
petitioner No.1 has filed affidavit on his behalf and on
behalf of other petitioners and the complainant/respondent
No.1 has also filed affidavit wherein it is stated that all of
them have settled the matter on the advice of the well-
wishers and elderly persons.
4. The learned counsel appearing for the
petitioners has filed a copy of the bail order granted in
favour of the petitioners wherein observations are made
that injuries sustained by the injured are only abrasions.
5. The Apex Court in the judgment in the case of
Narinder Singh and others v. State of Punjab and
another reported in 2014(6) SCC 466, has held that the
offences under Section 307 of IPC would fall in the
category of heinous and serious offences and therefore is
to be generally treated as crime against the society and
not against the individual alone. However, the High Court
would not rest its decision merely because there is a
mention of Section 307 of IPC in the FIR or the charge is
framed under this provision. It would be open to the High
Court to examine as to whether incorporation of Section
307 of IPC is there for the sake of it or the prosecution has
collected sufficient evidence, which if proved, would lead to
proving the charge under Section 307 of IPC. For this
purpose, it would be open to the High Court to go by the
nature of injury sustained, whether such injury is inflicted
on the vital/delicate parts of the body, nature of weapons
used etc. Medical report in respect of injuries suffered by
the victim can generally be the guiding factor.
6. Having taken note of the principles laid down
in the judgment referred supra, though the offence is
against the Society at large, taking note of the fact that
the injury sustained by the injured person is simple in
nature and that the petitioners and respondent
No.1/complainant have compromised the matter, it is
appropriate to invoke Section 482 of Cr.P.C., and quash
the proceedings.
7. In view of the observations made above, I pass
the following:
ORDER
The application filed under Section 482 of Cr.P.C., is
allowed.
Consequently, the petition is allowed. The FIR and
complaint registered against the petitioners in Crime
No.290/2021 of Sindagi Police Station, Vijayapur District,
pending on the file of Civil Judge and JMFC Court at
Sindagi, Vijayapur District, is hereby quashed.
Sd/-
JUDGE
NB*
