Mr Dhandapani P vs The State Of Karnataka
2021 Latest Caselaw 1439 Kant

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF JANUARY, 2021

                          BEFORE

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

              CRIMINAL PETITION No.3815/2020
BETWEEN:

1.     MR. DHANDAPANI P
       S/O PANDIYAN
       AGED ABOUT 37 YEARS

2.     MRS. APARNA D
       AGED ABOUT 36 YEARS
       W/O. DHANDAPANI

       BOTH ARE R/AT No.5
       B.S.V. REDDY LAYOUT
       1ST CROSS, 3RD MAIN
       BELLURAPPA COMPOUND
       YERAYYANA PALYA
       RAMMURTHY NAGAR
       BANGALORE-560 106.
                                          ... PETITIONERS

           (BY SRI. SAMIULLA HORKERI, ADVOCATE)
AND:

1.     THE STATE OF KARNATAKA
       REP BY HAL POLICE STATION

       REP. BY STATE PUBLIC PROSECUTOR
       HIGH COURT BUILDING
       HIGH COURT OF KARNATAKA
       AMBEDKAR VEEDHI
       BANGALORE-560001.
                                 2



2.    MR PRATHAP B
      S/O BORE GOWDA
      AGED ABOUT 38 YEARS
      R/AT No.-142, 3RD MAIN, 7TH CROSS
      TALAKAV ERI LAYOUT
      BASAVANAGARA
      BENGALURU-560 037.              ...         RESPONDENTS

              (BY SRI K S ABHIJITH, HCGP FOR R1
                  SRI HEMACHANDRA R ADV. FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR IN RESPECT OF
CR.NO.484/2019 (PCR No.54839/2019) DATED 29.11.2019
UNDER SECTION 120B, 406, 420 AND 506(2) OF IPC OF HAL
P.S., BENGALURU AND PENDING ON THE FILE OF THE HON'BLE
29TH A.C.M.M, MAYO HALL UNIT AT BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Heard the learned counsel for the petitioners and learned

counsel appearing for the respondent No1-State.

2. This petition is filed under Section 482 of Cr.P.C.

praying this Court to quash the FIR in Crime No.484/2019

arising out of PCR No.54839/2019 for the offences punishable

under Sections 120B, 406, 420 and 506(2) OF IPC pending on

the file of the 29TH A.C.M.M, Mayo Hall Unit at Bengaluru.

3. The factual matrix of the case is that both the parties

have filed I.A.No.1/2021 for compounding the offence and in

support of the application, an affidavits are also filed and also

filed joint memo before this Court stating that there was

memorandum of understanding between the parties and they

have settled the matter and in terms of settlement part payment

was also made and assured to pay balance amount.

4. Having considered the factual aspects of the case

and also subsequent development of settling the matter between

the parties and in view of the judgment of the Apex Court in

the case of Gian Singh v. State of Punjab & Another

reported in (2012) 10 SCC 303 it is held that if the offences

are not compoundable and if the parties have settled the matter

and issue is interse between the parties, it will not affect the

society at large and they can be permitted to compound the

offence.

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

following:

ORDER

I.A.No.1/2021 is allowed. consequently, the petition is

allowed.

Proceedings initiated against petitioners in FIR in Crime

No.484/2019 arising out of PCR No.54839/2019 for the offences

punishable under Sections 120B, 406, 420 and 506(2) of IPC

pending on the file of the 29TH A.C.M.M, Mayo Hall Unit at

Bengaluru are hereby quashed.

Sd/-

JUDGE

nms