Karnataka High Court
B. S. Yoganand Kumar vs State Of Karnataka on 29 January, 2021
Author: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.5849/2020
BETWEEN:
B. S. YOGANAND KUMAR,
S/O LATE B.V. SRINIVAS,
AGED ABOUT 55 YEARS,
R/AT NO.46, OLD KHB,
MYSORE ROAD, HUNSUR TOWN,
MYSORE DISTRICT-571 105. ...PETITIONER
[BY SRI PRITHVI RAJ B.N., ADVOCATE (THROUGH V.C.)]
AND:
1. STATE OF KARNATAKA,
BY BILIKERE POLICE STATION,
MYSORE DISTRICT-571 105,
REP. BY S.P.P.,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. M. LOKESH,
S/O LATE K. MARIMADAIAH,
AGED ABOUT 55 YEARS,
R/AT KUTTAVADI VILLAGE,
HUNSUR TALUK,
MYSORE DISTRICT-571 105. ...RESPONDENTS
[BY SMT. NAMITHA MAHESH B. G., HCGP FOR R-1,
SRI MALLAPPA S. NACHAVAR, ADVOCATE FOR R-2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.200/2020
REGISTERED BY THE BILIKERE P.S. AGAINST THE PETITIONER
HEREIN ON 14.08.2020 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 447, 323, 506, 149 OF IPC
PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
(JR.DN.) AND JMFC, HUNSUR, MYSORE DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. praying
this Court to quash the FIR in Crime No.200/2020 registered
against the petitioner for the offences punishable under Sections
143, 147, 447, 323, 506 and 149 of IPC.
2. The factual matrix discloses that respondent No.2
filed the complaint against the petitioner and others. 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. Both the parties have filed an application under
Section 320 read with Section 482 of Cr.P.C. seeking permission
to compound the offence along with affidavit.
4. For the reasons mentioned in the application filed
under Section 320 read with Section 482 of Cr.P.C. and as the
offence is not against the Society at large and it is interse
between the parties, the application is allowed. The Apex Court
in its judgment 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 application filed under Section 320 read
with Section 482 of Cr.P.C. seeking permission
to compound the offence, is allowed.
(ii) Consequently, the petition is allowed.
(iii) The proceedings initiated against the
petitioner, is hereby quashed.
Sd/-
JUDGE
MD
