Karnataka High Court
Sri A K Pathak vs The State By on 1 September, 2017
Equivalent citations: 2018 (1) AKR 196, 2018 (2) KCCR SN 162 (KAR)
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRL.P.No. 6483 OF 2017 C/W
CRL.P.NOS.6878 OF 2017 & 6880 OF 2017
IN CRL.P.NO.6483 OF 2017
BETWEEN:
SRI. A.K.PATHAK,
S/O. RAM PRAKASH PATHAK,
AGED ABOUT 51 YEARS,
R/AT # B/203,
SILVER ENCLAVE APARTMENT,
5TH MAIN ROAD, 3RD CROSS,
MALLESHPALYA,
BANGALORE-560075. ... PETITIONER
(BY SRI. RAVIKUMAR.M.B., ADV.,)
AND:
1. THE STATE BY
BYAPPANAHALLI POLICE STATION,
BANGALORE CITY,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560001.
2. MR. KURIAKOSE T.D.,
S/O. T.K.DEVASSY,
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MAJOR IN AGE,
R/AT #204, 1ST FLOOR, 35/1-A,
SILVER ENCLAVE APARTMENT,
5TH MAIN ROAD, 3RD CROSS,
MALLESHPALYA,
BANGALORE-560075. ... RESPONDENTS
(BY SRI. RACHAIAH.S, HCGP. FOR R1
SRI. SIJI MALAYIL, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO I) SET ASIDE THE ORDER OF
TAKING COGNIZANCE DATED 27.04.2015 IN
C.C.NO.52068/2015 PASSED BY THE X ACMM,
BANGALORE FOR THE ALLEGED OFFENCE P/U/S 324 OF
IPC. II) QUASH THE ENTIRE CHARGE SHEET IN
C.C.NO.52068/2015 ON THE FILE OF X ACMM,
BANGALORE FOR THE ALLEGED OFFENCE P/U/S 324 OF
IPC.
IN CRL.P.NO.6878 OF 2017
BETWEEN :
MR. KURIA KOSE,
SON OF LATE T.K.DEVASSY,
AGED ABOUT 57 YEARS,
RESIDING AT NO.204,
1ST FLOOR, 35/1A,
SILVAN ENCLAVE, 5TH MAIN ROAD,
3RD CROSS, MALLESHPALYA,
BENGALURU-560075. ... PETITIONER
(BY SRI. SIJI MALAYIL, ADV.,)
AND:
1. STATE BY BYAPPANAHALLI
POLICE STATION
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2. MR. CAPTAIN A.K PATAK
SON OF R.P.PATAK,
AGED ABOUT 51 YEARS,
RESIDING AT NO.B-203,
35/1A, SILVER ENCLAVE
APARTMENT,
5TH MAIN, 3RD CROSS,
MALLESHPALYA,
BANGALORE-560075.
3. SMT. NEELAM PATAK
WIFE OF A.K.PATAK
AGED ABOUT 51 YEARS,
RESIDING AT NO. B-203, 35/1A,
SILVER ENCLAVE APARTMENT,
5TH MAIN, 3RD CROSS,
MALLESHPALYA,
BANGALORE-560075. ... RESPONDENTS
(BY SRI. RACHAIAH.S, HCGP, FOR R1
SRI. M.B.RAVIKUMAR, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN CRIME NO.259/2016
(C.C.NO.58033/2016) PENDING ON THE FILE OF X
A.C.M.M., BENGALURU, FOR THE OFFENCE P/U/S 323,
341, 354, 504, 506 OF IPC.
IN CRL.P.NO.6880 OF 2017
BETWEEN :
MR. KURIAKOSE,
SON OF LATE T.K.DEVASSY,
AGED ABOUT 57 YEARS,
RESIDING AT NO.204,
-4-
1ST FLOOR, 35/1A,
SILVAN ENCLAVE, 5TH MAIN ROAD,
3RD CROSS, MALLESHPALYA,
BENGALURU-560075. ... PETITIONER
(BY SRI. SIJI MALAYIL, ADV.,)
AND:
1. STATE BY BYAPPANAHALLI
POLICE STATION
2. MR. CAPTAIN A.K PATAK
SON OF R.P.PATAK,
AGED ABOUT 51 YEARS,
RESIDING AT NO.B-203,
35/1A, SILVER ENCLAVE
APARTMENT,
5TH MAIN, 3RD CROSS,
MALLESHPALYA,
BANGALORE-560075. ... RESPONDENTS
(BY SRI. RACHAIAH.S, HCGP, FOR R1
SRI. M.B.RAVIKUMAR, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN CRIME NO.308/2016
(C.C.NO.53414/2017) PENDING ON THE FILE OF X ADDL.
A.C.M.M., BENGALURU, FOR THE OFFENCE P/U/S 341,
504 AND 506 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
These petitions have been filed by the accused persons seeking for quashing of the proceedings initiated by Byappanahalli Police Station against them based on respective complaints filed by the informant which culminated in investigation being taken up and filing of the charge sheets in C.C. No. 52068/2015 for the offences punishable under Section 324 of IPC, C.C.No. 58033/2016 for the offences punishable under Sections 323, 341, 354, 504 and 506 of IPC and C.C.No. 53414/2017 for the offences punishable under Sections 341, 504 and 506 of IPC, which proceedings are pending on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru.
2. I have heard the arguments of Sriyuths Siji Malayil and M.B.Ravi Kumar, learned counsel appearing -6- for parties and Sri Rachaiah, learned HCGP appearing for the State. Perused the records.
3. Petitioner and respondent No.2 in the respective petitions are neighbours residing at Silver Enclave Apartment, V Main Road, 3rd Cross, Malleshpalya, Bengaluru-560 075. On account of an incident/altercation that occurred on 23.10.2016 between them with regard to alleged misbehaviour, assault, etc., on account of security personnel having opened the gate of the flat at about 11.00 PM resulting in both the neighbours lodging complaints against each other and as already noticed hereinabove, investigation came to be conducted and charge sheet has been filed against the accused persons.
4. Today, learned Advocates appearing for the parties have filed a joint memo in these petitions stating thereunder that matter is settled amicably outside Court by the intervention of well wishers and elders of -7- both the families and they being neighbours intend to live in harmonious relationship, as such to put an end to their differences and with an understanding that each of them will not interfere in each other matters, they have resolved their disputes. The complainant/first informant in the respective petitions have also stated that he/she does not intend to continue to prosecute the complaint lodged by them and the proceedings pending before jurisdictional Magistrate Court. Parties who are present before Court submit that they have affixed their signatures without any force, threat or coercion to the joint memo voluntarily and after having understood the contents of the joint memo. Their submission is placed on record.
5. Hon'ble Apex Court has time and again held that exercise of discretionary power to quash the proceedings under Section 482 Cr.P.C is not limited to matrimonial cases alone and has wide power to quash -8- even non-compoundable offences notwithstanding the bar contained in Section 320 in order to avoid abuse of process of law and to secure ends of justice. As held by the Apex Court there cannot be any exhaustive list of such cases in order to define parameters to enable the High Court to invoke or exercise its inherent power. However, such power though not having any limitation is to be exercised sparingly and with utmost, care and caution and restraint. A resolution of a dispute by way of compromise between two warring groups or between two fighting individuals when calls for immediate attention of this Court, to give full effect to such compromise or settlement arrived, endeavour should be made as it would be a lawful composition and would promote harmony between the parties.
6. In the light of joint memo filed by the parties as noted hereinabove and both parties present before Court admit that they do not wish to prosecute their -9- complaints and they have settled their disputes and intend to live harmoniously, this Court is of the considered view that continuation of further proceedings before jurisdictional Magistrate would be abuse of process of law and it would not sub-serve the ends of justice.
In the result, I proceed to pass the following:
ORDER (1) Criminal Petition Nos.6483/2017, 6878/2017 and 6880/2017 are hereby allowed.
(2) Proceedings pending before X
Additional Chief Metropolitan
Magistrate, Mayohall, Bangalore in
C.C.No.52068/2015, C.C.No.
58033/2016 and C.C.No. 53414/2017
are hereby quashed.
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(3) Petitioners/accused are acquitted of the offences punishable under Sections 324 of IPC; 323, 341, 354, 504, 506 of IPC and 341, 504 and 506 of IPC respectively.
SD/-
JUDGE ckl