Karnataka High Court
Mruthunjay @ Muttappa F Angadi vs State Of Karnataka on 21 March, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.102601 OF 2017
BETWEEN:
1. MRUTHUNJAY @ MUTTAPPA F.ANGADI,
AGE: 32 YEARS, OCC: ADVOCATE,
R/O SADHANAKERI, DHARWAD.
2. MUMTAZ A.NELIWALEY,
AGE: 36 YEARS, OCC: ADVOCATE,
R/O KESHAV NAGAR, DHARWAD.
...PETITIONERS
(BY SRI.VIJAY M.MALALI, ADV.)
AND:
1. STATE OF KARNATAKA,
THROUGH VIDYAGIRI P.S.,
REP.BY SPP HIGH COURT OF KARNATAKA, DHARWAD.
2. KUMARI FOUZIYA NELIWALEY,
AGE: 30 YEARS, OCC: ADVOCATE,
R/O KESHAV NAGAR, DHARWAD.
...RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1,
SRI.PRASHANT S.KADADEVAR, ADV. FOR R2)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.394/2012
ON THE FILE OF THE III ADDL. CIVIL JUDGE AND CJM,
DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
354, 323, 324, 504, 109 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
:2:
ORDER
Sri.Prashant S.Kadadavar, learned counsel has entered appearance for respondent No.2. Office to show the name of the learned counsel representing respondent No.2.
2. This petition is presented under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.394/2012 pending on the file of the III Additional Civil Judge and CJM Court, Dharwad for the offences punishable under Sections 354, 323, 324, 504, 109 r/w Section 34 of IPC.
3. The proceedings were initiated on the basis of the complaint lodged by respondent No.2 alleging that, on 22.09.2012 at about 10.30 p.m. accused No.1 tried to outrage her modesty and when she informed this matter to accused No.2 her mother, accused Nos.1 and 2 assaulted her with hands and iron rod.
:3:
4. Petitioner Nos.1 and 2 are present along with their counsel Sri.Vijay M.Malali. Respondent No.2 is also present along with her counsel Sri.Prashant S.Kadadavar. Learned Government Pleader is present.
5. Petitioners and respondent No.2 have filed an application under Section 320(2) r/w Section 482 of Cr.P.C. seeking leave of the Court to compound the above offences. The application is supported by an affidavit sworn to by petitioner Nos.1 and 2 and respondent No.2. In the application, it is stated that due to intervention of the elders and well-wishers of the family, petitioner Nos.1 and 2 and respondent No.2 have mutually settled the dispute on the condition that the accused Nos.1 and 2 will not repeat the same thing in future. The parties submit that, keeping in mind the respect and honour of the family and in order to maintain peace and harmony in the family as well as to ensure such incidents do not get repeated, they have amicably entered into the above :4: settlement. The parties submit that the said settlement is free and voluntary and the said compromise is in the interest of the parties as well as their respective families.
6. Among the offence charged against the accused, the offence under Section 324 of IPC is not compoundable. However, the material produced by the investigating agency indicate that, during the incident, respondent No.2 sustained simple injuries. Though a rod said to have been used for the commission of the offence, having regard to the circumstances in which the said offence has taken place and one of the accused being the mother of the complainant, in the interest of the parties they are permitted to compound the above offence.
7. In view of the mutual composition arrived at by the parties as evidenced in the above application, the petition is allowed. The proceedings arising out of crime No.136/2012 pending on the file of the III :5: Additional Civil Judge & CJM, Dharwad in C.C.No.394/2012 are quashed.
Petition stands allowed in terms of the above order.
Sd/-
JUDGE MBS/-