B. S. Yoganand Kumar vs State Of Karnataka on 29 January, 2021

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Karnataka High Court

B. S. Yoganand Kumar vs State Of Karnataka on 29 January, 2021

Bench: 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 3 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

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