Karnataka High Court
Rishikesh Kumar @ Rishi vs State By Kadugodi Police Station on 23 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:7673
CRL.P No. 405 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 405 OF 2024
BETWEEN:
RISHIKESH KUMAR @ RISHI
S/O MAHESH PRASAD,
AGED ABOUT 28 YEARS,
R/AT NO.04, KOILI VILLAGE,
TENGRAHAN POST, KAILI,
MUZAFFARPUR, BIHAR - 843 117
ADHAR NO. 596216226350
...PETITIONER
(BY SRI RAVINDRANATH K, ADVOCATE)
AND:
1. STATE BY KADUGODI POLICE STATION
BENGALURU, REPRESENTED BY THE S.S.P.
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SUNIL SINGH
NO. 201, CHITANA NILAYA
Digitally BEHIND KEERTHI ELITE,
signed by V
KRISHNA NEAR SATYANARAYANA SWAMY TEMPLE,
Location: High CHENNASANDRA, KADUGODI,
Court of BENGALURU - 560 067.
Karnataka ...RESPONDENTS
(BY SRI VENKAT SATYANARAYANA A.,HCGP FOR R1 & SRI
DEEPAK S SHETTY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH
THE FIR IN CR.NO.46/2023 & CHARGE SHEET IN C.C.NO.15435/2023
& PROCEEDINGS IS PENDING ON THE FILE OF ADDL CHIEF JUDICIAL
MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU FILED BY
THE RESPONDENT NO.1 POLICE U/S.306 OF IPC ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:7673
CRL.P No. 405 of 2024
ORDER
Learned High Court Government Pleader take notice for
respondent No.1 - State. Learned counsel Sri Deepak.S. Shetty,
appears for respondent No.2.
2. This petition is filed by petitioner - accused under
Section 482 of CR.P.C for quashing the criminal proceedings in
CC No.15435/2023 pending on the file of Addl. Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru arising out of
Cr.No.46/2023 registered by Kadugodi Police Station for the
offence punishable under Section 306 of IPC.
3. During pendency of the petition, the petitioner and
respondent No.2 - defacto Complainant appeared through their
counsel and filed application seeking permission to compound
the offence under Section 320 read with Section 482 of IPC.
4. It is alleged by the Complainant in his complaint
that his sister Shobha Kumari committed suicide on 26.02.2023
in their house by hanging to the ceiling fan by living death note
as 'today there is a marriage of petitioner is responsible for her
committing suicide, today marriage of petitioner - Rishi and she
wants to die' and thereby recording a video message to her
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father and committed suicide. She stated that accused cheated
her.
5. The learned counsel for respondent No.2 -
complainant as on the date of marriage petitioner was not there
and he was in Bihar and his marriage was performed. Earlier
there was proposal for marriage of the petitioner and deceased
and thereafter they exchanged the telephone numbers and they
used to telephone conversation between them and there is no
direct contact. The petitioner continues relationship with her as
a friend not as a lover and he also intimated the massage for
proposal of his marriage and other programs to the respondent
and he is not aware that she was loving him.
6. On perusal of the records the police also not
properly investigate the matter and filed a charge sheet for
abatment of suicide. There is no strong reason made by the
police during the investigation to show the petitioner abated
deceased to commit the suicide in order to attract Section 107
and 306 of IPC. Now the complainant and his parents have
decided that they do not want to continue the process at
Bangaluru and they do not want to prosecute and continue the
criminal proceedings against the petitioner.
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7. Considering the fact and circumstances of the case
and also the judgment of Hon'ble Supreme Court in catena of
decisions, when the prosecution failed to produce any material
for abating the committing suicide, the Court cannot convict the
accused person. That apart when the complainant and his
parents are not ready to prosecute the matter tomorrow they
will be call to the Trial Court for examination there is chance of
turning hostile to the prosecution case and it is nothing but a
futile exercise going to be done by the Trial Court. Therefore, as
a special case the application filed by the petitioner and
respondent No.2 deserves to be allowed. Accordingly, the
following order;
ORDER
(i) Accordingly, IA No.2/2024 is allowed.;
(ii) The parties are permitted to compound the
offence.;
(iii) Consequently, the criminal proceeding in CC
No.15435/2023 pending on the file of Addl.
Chief Judicial Magistrate, Bengaluru Rural
District, Bengaluru arising out of
Cr.No.46/2023 registered by Kadugodi Police
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Station for the offence punishable under
Section 306 of IPC, is hereby quashed.
Sd/-
JUDGE
VK
