Sri Gangadhara vs The State Of Karnataka
2022 Latest Caselaw 3328 Kant

                             1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION No.1649 OF 2022

BETWEEN

       SRI GANGADHARA
       S/O CHUNCHAIAH
       35 YEARS,
       BORANAPALYA-572 126
       HUTRIDURGA HOBLI
       KUNIGAL TQ,
       TUMAKURU DISTRICT.                 ... PETITIONER

(BY SRI JAYANNA G R, ADVOCATE)

AND

1.     THE STATE OF KARNATAKA
       BY KUNIGAL POLICE STATION
       KUNIGAL, TUMAKURU DIST-572 130
       (REP BY SPP, HIGH COURT OF KARNATAKA)

2.     SRI.G.LINGAREDDY
       S/O LATE NARAYANAREDDY
       63 YEARS, WRITER IN STONE CRUSHER
       PERMENANT R/OF YARRAGUNTLA VILLAGE,
       Y.S.R. DIST. ANDRA PRADESH
       PRESENTLY R/AT SPV STONE CRUSHER
       TARIKERE VILLAGE, KASABA HOBLI,
       KUNIGAL TQ,
       TUMAKURU DIST-572 123.            ... RESPONDENTS

(BY SMT. SHYLAJA S.V, ADVOCATE FOR R-2)
                               2


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.136/2022 PENDING BEFORE THE PRINCIPAL CIVIL
JUDGE AND J.M.F.C., KUNIGAL ARISING FROM CR.NO.299/2020
OF THE KUNGILA POLICE STATION FOR THE OFFENCES P/U/S
384, 504, 506 R/W 149 OF IPC IN SO FAR AS PETITIONER, TO
STALL ABUSE OF PROCESS OF THE COURT.


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


                           ORDER

This petition is filed by the petitioner-accused No.7

under Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.136/2022 pending on the file of

Principal Civil Judge and J.M.F.C., Kunigal for the offences

punishable under Sections 384, 504, 506 read with Section

149 of IPC.

2. During pendency of the petition, accused No.7

and respondent No.2 appeared before the Court along with

their counsels and filed joint compromise application on

I.A.No.1/2022 under Section 320 read with Section 482 of

Cr.P.C. to compound the offences.

3. Smt. S.V.Shylaja, learned counsel has filed

vakalath on behalf of respondent No.2.

4. Except the offence under Section 384 of IPC,

the other offences are compoundable in nature. In view of

the judgment of Hon'ble Supreme Court in the case of

Gian Singh vs. State of Punjab and Another reported

in 2012 CRI.L.J.4934 wherein, it has been held that in

cases where the parties have settled their dispute between

them amicably, the Court can quash the proceedings. In

view of the principles laid down in the case of Gian Singh

stated supra and guidelines issued therein, the criminal

proceedings against accused No.7 requires to be quashed,

which will not affect the interest of public.

5. In view of compromise between the parties,

I.A.No.1/2022 is allowed.

6. Consequently, criminal petition is allowed.

The criminal proceedings against accused No.7 in

C.C.No.136/2022 pending on the file of Principal Civil

Judge and J.M.F.C., Kunigal is hereby quashed.

Sd/-

JUDGE

GBB