Karnataka High Court
Sri Mahesh S vs State Of Karnataka on 20 December, 2023
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NC: 2023:KHC:46754
CRL.P No. 5395 of 2018
C/W CRL.P No. 11135 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 5395 OF 2018
C/W
CRIMINAL PETITION NO. 11135 OF 2022
IN CRL.P.NO.5395/2018:
BETWEEN:
1. SRI. NARAYANA GOWDA [NARAYANA GOWDA K]
AGED ABOUT 35 YEARS,
S/O SRI. PARAMESHWARA GOWDA,
PRESENTLY SUPERVISOR,
VINYAS INNOVATIVE TECHNOLOGIES PVT LTD.,
19, KOORGALLI INDUSTRIAL AREA,
MYSURU CITY,
KARNATAKA-570016.
ALSO RESIDING AT NO.279, EWS,
LAKSHMIKANTHANAGARA,
Digitally HEBBALLA, MYSORE-570016
signed by
SUMA
2. SRI. YASHAVANTHA
Location:
HIGH AGED ABOUT 33 YEARS,
COURT OF S/O. SRI. H.K. SHIVANNA,
KARNATAKA PRESENTLY HR MANAGER,
VINYAS INNOVATIVE TECHNOLOGIES PVT LTD.,
19, KOORGALLI INDUSTRIAL AREA,
MYSURU CITY,
KARNATAKA-570023.
ALSO RESIDING AT NO.1273,
SHIVAKRUPA,
6TH MAIN, 2ND CROSS,
VIVEKANANDA NAGAR,
MYSORE, PIN CODE-570023
...PETITIONERS
(BY SRI. NATARAJA BALLAL A., ADVOCATE)
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CRL.P No. 5395 of 2018
C/W CRL.P No. 11135 of 2022
AND:
1. STATE OF KARNATAKA
BY VIJAYANAGAR POLICE STATION,
MYSORE
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE-560001.
2. SMT. SUSHMA [SUSHMA R GOWDA]
AGED ABOUT 27 YEARS,
W/O BYRESH V.,
PRSENTLY
VINYAS INNOVATIVE TECHOLOGIES PVT. LTD.
KOORGALLI, MYSURU CITY, MYSURU,
KARNATAKA
ALSO RESIDING AT
CHAMUNDESHWARI NAGAR,
BEML CROSS, KOORGHALLI,
MYOSRE-571401.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.1;
VIDE ORDER DATED 01.09.2023 SERVICE OF NOTICE TO
RESPONDENT NO.2 IS HELD SUFFICIENT)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN
CR.NO.170/2018 REGISTERED BY THE VIJAYANAGAR POLICE,
MYSORE (RESPONDENT NO.1) AGAINST THE PETITIONERS FOR THE
OFFENCES UNDER SECTION 354-C AND 109 OF IPC ON THE FILE OF
THE IV JMFC, MYSORE.
IN CRL.P.NO.11135/2022:
BETWEEN:
1. SRI. MAHESH S.,
AGED ABOUT 30 YEARS
S/O SIDDEGOWDA,
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CRL.P No. 5395 of 2018
C/W CRL.P No. 11135 of 2022
R/A NO.606, KRS MAIN ROAD,
OPP. MERITAR,
KOORGALLI VILLAGE,
PIN-571606, MYSURU CITY.
2. SRI. KOWSHIK
AGED ABOUT 25 YEARS,
S/O LATE KANTHARAJU,
R/A NO.189, JANATHA BEEDI,
KOORGALLI VILLAGE,
PIN-571606 MYSURU CITY.
3. SRI. BYRESH
AGED ABOUT 31 YEARS
S/O VISHVESH,
R/A NO.97, 3RD CROSS,
HARALIKATTE,
KOORGALLI VILLAGE
PIN-571606, MYSURU CITY.
...PETITIONERS
(BY SRI. ARIKESARI K.K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VIJAYANAGAR POLICE STATION,
MYSORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560001.
ALSO AT: NO.168,
LAKSHMIKANTHANAGARA,
HEBBAL 1ST STAGE,
MYSURU CITY, KARNATAKA.
2. SRI. NARAYANA GOWDA
AGED ABOUT 38 YEARS
S/O SRI PARAMESHWARA GOWDA
R/A NO.279, EWS,
LAKSHMIKANTHA NAGARA,
HEBBALA, MYSORE.
3. SRI. RAVI H.C.
AGED ABOUT 38 YEARS,
S/O CHIKKAIDEGOWDA,
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CRL.P No. 5395 of 2018
C/W CRL.P No. 11135 of 2022
R/A NO.552, HOSABEEDI,
HINKAL VILLAGE, MYSURU CITY.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.1)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
PROCEEDINGS IN C.C.NO.2029/2020 ON THE FILE OF THE V J.M.F.C
AT MYSURU.
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.5395/2018 is filed challenging the registration of First Information Report in Cr.No.170/2018 by the respondent No.1 for the offence punishable under Sections 354C and 109 of Indian Penal Code, 1860 (henceforth referred to as 'IPC' for short).
2. Crl.P.No.11135/2022 is filed challenging the prosecution launched against the petitioners in C.C.No.2029/2020 pending trial before the V JMFC, Mysuru for the offences punishable under Sections 341, 506, 504, 323, 324 of IPC.
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3. When these petitions are listed for hearing, the parties have filed an application under Section 482 of Criminal Procedure Code, 1973 which reads as follows: In Crl.P.No.5395/2018
"APPLICATION UNDER SECTION 482 READ WITH SECTION 320(2) OF CRIMINAL PROCEDURE CODE The Petitioners No.1 and 2 and Respondent No.2 respectfully submits as follows:
1. It is submitted that in the above criminal petition, the petitioners are seeking for quashing of the FIR against the petitioners in Crime No.0170/2018 registered by the Vijayanagar Nagar Police Station against the petitioners for the offence punishable under Sections 354C, 109 of Indian Penal Code, 1860 on the file IVth JMFC Court, Mysore.
2. It is submitted in the above case the respondent no.2/complainant filed the case against the Petitioners and others which is registered in Crime No.0170/2018 registered by the Vijayanagar Nagar Police Station. The 2nd respondent is the competent person to compound the offences alleged in the FIR (complaint). Now the respondent No.2 has no objection to quash the case against -6- NC: 2023:KHC:46754 CRL.P No. 5395 of 2018 C/W CRL.P No. 11135 of 2022 the Petitioners. In view of the compromise arrived between the parties, respondent No.2 has no objection to quash the entire proceeding against the petitioners for the aforesaid offences.
3. It is submitted that the offence under Section 354C, 109 of IPC are non-compoundable in nature but respondent no.2 has no objection for quashing the entire proceedings against the Petitioners since both the petitioners and respondent No.2 has compromised the matter amicably on the advise of their friends, well wishers and relatives. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioners and quash the FIR against the petitioners in Crime No.0170/2018 registered by the Vijayanagar Nagar Police Station against the petitioners for the offence punishable under sections 354C, 109 of I.P.C., on the file IVth JMFC Court Mysore, otherwise the Petitioners will be put to irreparable injury and hardship.
Wherefore, it is prayed that this Hon'ble Court be pleased to permit the parties to compound the offences against the Petitioners and quash the FIR against the petitioners in Crime No.0170/2018 registered by the Vijayanagar Nagar Police Station against the petitioners for the offence punishable -7- NC: 2023:KHC:46754 CRL.P No. 5395 of 2018 C/W CRL.P No. 11135 of 2022 under sections 354C, 109 of I.P.C., on the file of IVth JMFC Court, Mysore, in the interest of justice." In Crl.P.No.11135/2022
"APPLICATION UNDER SECTION 482 READ WITH SECTION 320(2) OF CRIMINAL PROCEDURE CODE The Petitioners No.1 to 3 and Respondent Nos.2 and 3 respectfully submit as follows:
1. It is submitted that in the above criminal petition, the petitioners are seeking for quashing of the FIR against the petitioners in CC No:2029/2020 (Crime No.0171/2018) registered by the Vijayanagar Nagar Police Station against the petitioners for the offence punishable under sections 341, 504, 506, 34, 323, 324 of Indian Penal Code, 1860, pending on the file of Vth JMFC Court, Mysore.
2. It is submitted in the above case the respondent nos.2&3/complainant filed the case against the petitioners and others which is registered in C.C.No.2029/2020 (Crime No.0171/2018) registered by the Vijayanagr Nagar Police Station. The 2nd & 3rd respondents are the competent persons to compound the offences alleged in the FIR (complaint). Now the respondent No.2 & 3 have no objection to quash the case -8- NC: 2023:KHC:46754 CRL.P No. 5395 of 2018 C/W CRL.P No. 11135 of 2022 against the Petitioners in view of the compromise arrived between the parties of the aforesaid offences.
3. It is submitted that the offence under sections 341, 504, 506, 34, 323, 324 of IPC are compoundable in nature and respondent nos.2 and 3 have no objection for quashing the entire proceedings against the Petitioners since both the petitioners and respondent nos.2 and 3 have compromised the matter amicably on the advise of their friends, well-wishers and relatives. In view of the facts and circumstances of the case, it is just and proper to permit the parties to compound the offence alleged against the Petitioners and quash the FIR against the petitioners in Crime No.0171/2018 registered by the Vijayanagar Nagar Police Station otherwise the Petitioners will be put to irreparable injury and hardship.
Wherefore, it is prayed that this Hon'ble Court be pleased to permit the parties to compound the offences against the Petitioners and quash the FIR against the petitioners in C.C.No.2029/2020 (Crime No.0171/2018) registered by the Vijayanagar Nagar Police Station against the petitioners for the offence punishable under sections 341, 504, 506, 34, 323, 324 of I.P.C., on -9- NC: 2023:KHC:46754 CRL.P No. 5395 of 2018 C/W CRL.P No. 11135 of 2022 the file of Vth JMFC Court Mysore, in the interest of justice."
4. The complainant/respondent No.2 in Crl.P.No.5395/2018 and complainant/respondent Nos.2 and 3 in Crl.P.No.11135/2022 are present before the Court and are identified by their respective counsel and they submits that they entered into the compromise with the petitioners and are agreed to quash the proceedings.
5. In view of the above, the petitions are allowed and the First Information Report in Cr.No.170/2018 registered by the respondent No.1 for the offence punishable under Sections 354C and 109 IPC qua petitioners in Crl.P.No.5395/2018 and proceedings in C.C.No.2029/2020 (Cr.No.171/2018) pending trial before the V JMFC, Mysuru for the offences punishable under Sections 341, 506, 504, 323, 324 of IPC qua petitioners in Crl.P.No.11135/2022 is quashed.
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JUDGE HJ List No.: 1 Sl No.: 23