Smt Sumana R vs State Of Karnataka
2021 Latest Caselaw 1442 Kant

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     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.155/2021

BETWEEN:

1.   SMT. SUMANA R.,
     AGED ABOUT 46 YEARS,
     W/O SRI RAJENDRA KUMAR M.S.,
     RESIDING AT NO.1875,
     SOUTH END C CROSS,
     JAYANAGAR 9TH BLOCK,
     BENGALURU-560 069.

2.   SRI RAJENDRA KUMAR M.S.,
     AGED ABOUT 51 YEARS,
     S/O LATE SRI M.R. SUBARAO,
     RESIDING AT NO.1875,
     SOUTH END C CROSS,
     JAYANAGAR, 9TH BLOCK,
     BENGALURU-560 069.

3.   SRI AMRUTHRAJ,
     AGED ABOUT 30 YEARS,
     S/O SRI ANTHONYSWAMY,
     AGED ABOUT 46 YEARS,
     RESIDING OPPOSITE AMOLOBDAVA
     MATHE CHURCH, DORESANIPALYA,
     BENGALURU-560 078.

4.   SRI LURDHURAJ,
     AGED ABOUT 33 YEARS,
     S/O LATE SRI MARY LEWIS,
                               2



       RESIDING OPPOSITE AMOLOBDAVA
       MATHE CHURCH, DORESANIPALYA,
       BENGALURU-560 078.                  ... PETITIONERS

     [BY SRI PARASHURAM A.L., ADVOCATE (THROUGH V.C.)]

AND:

1.     STATE OF KARNATAKA,
       STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BY JAYAPARAKASH NAGAR POLICE STATION,
       BENGALURU - 560 001.

2.     SRI M. YATEESH,
       AGED ABOUT 40 YEARS,
       S/O LATE S.M. REDDY,
       RESIDING AT NO.1863,
       SOUTH END C CROSS,
       JAYANAGAR 9TH BLOCK,
       BENGALURU-560 069.                 ... RESPONDENTS

       [BY SMT. NAMITHA MAHESH B.G., HCGP FOR R-1,
 SRI H.G. SHIVANANDA, ADVOCATE FOR R-2 (THROUGH V.C.)]

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CRIME NO.93/2020, PENDING ON THE FILE OF THE 30TH
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT,
BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 427, 380 AND 448 READ WITH SECTION 34 OF IPC
IN RESPECT OF THE PETITIONERS WHEREIN THEY ARE
ARRAYED AS ACCUSED Nos.1 TO 4.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
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                              ORDER

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

this Court to quash the proceedings initiated against the

petitioners in Crime No.93/2020 for the offences punishable

under Sections 427, 380 and 448 read with Section 34 of IPC.

2. The factual matrix discloses that respondent No.2 is

the tenant of petitioner No.1 and he filed the complaint against

the petitioners. Based on the complaint, case has been

registered. The investigation is not yet completed and the same

is in crime stage.

3. In the meanwhile, the parties have entered into

settlement. The relationship between the parties is tenant and

the owners. In terms of the settlement, both the parties have

filed the joint memo and an application under Section 482 of

Cr.P.C. seeking permission to compound the offence. The parties

are present through the Video Conference.

4. For the reasons mentioned in the affidavit

accompanying the application filed under Section 482 of Cr.P.C.

and also the contents of the joint memo filed by the parties and

as the offence is not against the Society at large and it is interse

between the parties, the application is allowed. The judgment of

the Apex Court in the case of GIAN SINGH v. STATE OF

PUNJAB reported in (2012) 10 SCC 303, has categorically

held that if the offence is not affecting the society at large, it can

be compounded.

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

following:

ORDER

(i) The petition is allowed.

(ii) The application filed under Section 482 of Cr.P.C. seeking permission to compound the offence, is allowed.

(iii) The proceedings initiated against the petitioners, is hereby quashed.

Sd/-

JUDGE

MD