Karnataka High Court
Rangaswamy vs The State Of Karnataka on 12 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:5869
CRL.P No. 334 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 334 OF 2024 (482)
BETWEEN:
1. RANGASWAMY
S/O KRISHNEGOWDA
AGED ABOUT 42 YEARS
R/O SATHIGRAHALLY KOPPALU VILLAGE
KATTAYA HOBLI
HASSAN TALUK AND DISTRICT-573201
2. MANJUNATHA
S/O LATE KISHNEGOWDA
AGED ABOUT 27 YEARS
R/O SATHIGRAHALLY KOPPALU VILLAGE
KATTAYA HOBLI
HASSAN TALUK AND DISTRICT-573201
Digitally ...PETITIONERS
signed by (BY SRI. GIRISH B BALADARE, ADVOCATE)
SUNITHA
GANGARAJU
Location: AND:
HIGH COURT
OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY GORUR PS
HASSAN DISTRICT-573201
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560001
2. DARSHAN
S/O LINGARAJU
AGED ABOUT 27 YEARS
R/O SATHIGRAHALLY KOPPALU VILLAGE
-2-
NC: 2024:KHC:5869
CRL.P No. 334 of 2024
KATTAYA HOBLI
HASSAN TALUK AND DISTRICT-573201
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1
SRI. VIJAY KUMAR T., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET
AND ALL THE PROCEEDINGS AS PER ANNEXURE D FILED
AGAINST THE PETITIONER IN CR.NO.116/2021 LATER ON
CONVERTED AS S.C.NO.224/2022 REGISTERED BY THE
GORURU P.S., HASSAN DISTRICT FOR THE OFFENCE
P/U/S.34,307,323,324,341,504 OF IPC PENDING ON THE FILE
OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
HASSAN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts
notice for respondent No.1- State.
2. Sri. Vijay Kumar T., learned counsel appears for
respondent No.2.
3. This petition is filed by the petitioners- accused
Nos.1 and 2 under Section 482 of Cr.P.C., for quashing the
criminal proceedings in S.C.No.224/2021 arising out of
Crime No.116/2021 registered by Goruru police station,
NC: 2024:KHC:5869
Hassan district and charge sheeted for the offence
punishable under Sections 307, 323, 324, 341 and 504
read with 34 of IPC, pending on the file of Principal District
and Sessions Judge, Hassan.
4. Heard the learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State and learned counsel for respondent No.2.
5. During the pendency of the petition, both the
petitioners/accused Nos.1 and 2 and respondent No.2
have filed an application - I.A.No.2/2024 under Section
320 read with Section 482 of Cr.P.C., along with joint
affidavit to compound the offence.
6. It is submitted by the learned counsel for the
petitioners that injuries sustained by the complainant is
simple in nature which will not attract Section 307 of IPC.
Both the petitioners and respondent No.2 are relatives and
they are adjacent land owners living in the same village
and they want to live life peacefully.
NC: 2024:KHC:5869
7. Submission of the learned counsel for
petitioners is placed on record.
8. Per contra, learned High Court Government
Pleader objects to allow the application.
9. Considering the facts and circumstances of the
case, wound certificate is produced discloses that the
injuries are simple in nature and case sheet is also not
available from hospital taken by respondent No.2 in order
to prove the injuries are not grievous in nature. Even the
name of the petitioners are not mentioned in the wound
certificate, but their names were in the FIR. Both
petitioners and respondent No.2 are adjacent land owners
living in the same village and they said to be relatives and
they want to lead happy life in the village. Therefore,
prayed for compounding the offence.
10. In view of the judgment of the Hon'ble Apex
Court in the case of Yogendra Yadav and others Vs.
The State of Jharkhand and another reported in AIR
NC: 2024:KHC:5869
2014 SC 3055, wherein the Honb'le Apex Court permitted
to compound the offence for quashing criminal
proceedings.
11. Considering the facts and circumstances of the
case and judgment of the Hon'ble Apex Court in the case
of Yogendra yadav (supra), if permission is granted to
compound the offence, it will not cause prejudice to the
public at large. Hence, I.A.No.2/2024 is allowed.
Consequently, the Criminal Petition is also allowed and the
proceedings in S.C.No.224/2022, pending on the file of
Principal District and Sessions Judge, Hassan, arising out
of Crime No.116/2021 of Goruru Police Station, Hassan
District and charge sheeted for the offences punishable
under Sections 307, 323, 324, 341 and 504 r/w Section 34
of IPC against the petitioners, is quashed.
Sd/-
JUDGE
SKS
