Karnataka High Court
E. Anjinayya S/O Chandrayya And Anr vs The State Of Karnataka And Anr on 22 June, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION NO.201007/2020
BETWEEN:
1. E.ANJINAYYA
S/O CHANDRAYYA,
AGE: 61 YEARS,
OCC: BUSINESS &
AGRICULTURE.
2. E. VINAYAKUMAR
S/O E.ANJINAYYA,
AGE: 30 YEARS,
OCC: ADVOCATE,
BOTH ARE R/O
H.NO.4-4-103/8,
OPP: K.W.T. SCHOOL,
RAICHUR-586101.
... PETITIONERS
(BY SRI. SUDARSHAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(THROUGH WEST P.S. RAICHUR)
REPRESENTED BY ADDL. S.P.P,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585101.
2
2. SMT. NAGAMMA
W/O YARRA SWAMY NAYAK,
AGE: 42 YEARS,
OCC: HOUSEHOLD,
H.NO.1-3-76,
STATION AREA,
RAICHUR-586101.
... RESPONDENTS
(BY SRI. GURURAJ V. HASILKAR, HCGP FOR R1;
BY SRI. MAHANTESH PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
IN SPL. CASE ATROCITY NO.433/2019, CRIME NO.45/2019
OF RAICHUR P.S. FOR OFFENCE U/S 447, 354, 323, 504,
506 R/W 34 OF IPC & 3(1) (r) (s), 3(2)(VA) OF SC / ST
ACT, PENDING BEFORE I ADDL. DIST. & SESSION JUDGE
RAICHUR.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT PASSED THE FOLLOWING:
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ORDER
The petitioners being accused Nos.1 and 2 in Crime No.45/2019 of Raichur West Police Station, are before this Court invoking inherent powers of this Court under Section 482 of Cr.P.C., to quash the proceedings in Spl.AC.No.433/2019 (Crime No.45/2019) for the offences punishable under Sections 447, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of I Additional District and Sessions Judge, Raichur.
2. Brief facts of the case are that the informant-
Smt.Nagamma lodged the first information with Raichur West Police Station on 03.05.2019 against accused Nos.1 to 3, stating that on 02.05.2019, in the mid-night, accused Nos.1 and 2 along with 25-30 persons, came in three Tipper and Tractor Trailer, criminally trespassed into their land and started constructing compound wall. Accused No.3 was armed with a deadly weapon and was having a 4 wait and watch. On 03.05.2019 at about 10:30 a.m., when the informant and her husband along with relatives questioned the high-handed acts, accused No.2 pushed her away and abused them in a filthy language and also criminally intimidated to take away her life. Therefore, the informant requested the police to register the case and to initiate legal action against the petitioners. Accordingly, police registered the case and took up investigation.
3. After investigation, charge sheet came to be filed against accused Nos.1 to 3. The learned Magistrate took cognizance of the offence and committed the matter to the Court of learned I Additional District and Sessions Judge, Raichur, and the matter is now pending in Spl.AC.No.433/2019 for the above said offences.
4. Accused Nos.1 and 2 are the petitioners before this Court seeking to quash criminal proceedings initiated against them.
5. When the matter was listed for orders, Sri. Sudarshan.M, learned counsel for the petitioners and 5 Sri. Mahantesh Patil, learned counsel for respondent No.2 submitted that the parties have amicably settled their dispute out of the Court and they have filed application under Section 320 read with Section 482 of Cr.P.C., seeking permission to compound the offence and quash the criminal proceedings initiated against the petitioners.
6. The parties have filed the joint affidavit in support of the application, which reads as under:
"JOINT AFFIDAVIT We, E. Anjinayya, Son of Chandrayya, Aged about 61 years and E. Vinaykumar, Son of E Anjinayya, Aged 35 years, residing at H.No 4- 4-103/A, Opp K.W.T School, Raichur today at Kalaburagi, herein the petitioner No 1 and 2 and Smt Nagamma, Wife of Yarra Swamy Nayak, H- No 1-3-76, Station Area, Raichur, herein the Respondent No 2 do hereby affirm and state on oath as under:
1. We are the Petitioner No.1 and 2 and Respondent No.2 respectively, in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit.
2. We state that the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution.6
3. We state the deponent No.1 and herein have filed the above petition Under Section 482 of the Code of Criminal procedure with a prayer to quash the proceedings against the respondent No.2 in Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act.
4. We state that based on the complaint lodged by the Respondent No.2 in FIR No.0045/2019 on 03.05.2019 for the alleged offences punishable under Section 143, 147, 447, 354, 323, 504, 506 and 149 of IPC read with Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act.
5. We state that the deponent No.3 gave a complaint to the Respondent No.1 against the deponent No.1 and 2 and, That the Respondent No.1 registered a FIR No.0045/2019 on 03.05.2019 for the alleged offences punishable under Section 143, 147, 447, 354, 323, 504, 506 and 149 of IPC read with Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act and after investigation the charge sheet was filed against the Petitioners for the offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act and the same is pending for adjudication.
Be it as it may, the Lower Court was pleased to take cognizance of the same and the said matter is numbered as Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2)(VA) of SC/ST Act.
76. We state that the present dispute arose due to civil and property disputes between the Petitioner No.1 and 2 and the Respondent No.2 and both the petitioner No.1 and 2 are neighbors and with the intervention of the elders of the area and also well wishers and advisors, both the parties have come forward in order to settle the disputes and the Respondent No.2 has agreed that she would withdraw the complaint filed against the Petitioner No.1 and 2 and she has expressed her desire that she does not want to prosecute the case. As the Complaint/Respondent No.2 has expressed her desire to withdraw the case, the trial would be futile and continuation of proceedings would be abuse of process of Court.
7. We state that we both have settled all our difference mutually and that there is no coercion, undue influence or force from anybody upon us to file this affidavit and the 3rd Deponent willfully has given consent to quash the case in Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2)(VA) of SC/ST Act which was registered on Deponent No.3 complaint, which is the subject matter of this criminal Petition.
8. We state that out of the alleged offences punishable under Section 323, 447, 504 and 506 are compoundable under Section 320 among the parties and Section 354 is compoundable with the permission of Court.
8Section 3(1)(r)(s), 3(2)(VA) of SC/ST Act are non compoundable.
9. In Ramgopal and another v. State of Madhya Pradesh and Krishnappa and others v. State of Karnataka reported in 2021 SCC Online 834, the Hon'ble Apex Court has observed and opined as under:
12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable.
The High Court can indubitably evaluate the consequential effects of the offence beyond the body of an individual and thereafter adopt a pragmatic approach, to ensure that the felony, even if goes unpunished, does not tinker with or paralyze the very object of the administration of criminal justice system.
18. It is now a well crystallized axiom that the plenary jurisdiction of this Court to impart complete justice under Article 142 cannot ipso facto be limited or restricted by ordinary statutory provisions. It is also noteworthy that even in the absence of an express provision akin to Section 482 Cr.P.C. conferring powers on the Supreme Court to abrogate and set aside criminal proceedings, the jurisdiction exercisable under Article 142 of the 9 Constitution embraces this Court with scopious powers to quash criminal proceedings also, so as to secure complete justice. In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sub-lime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation.
19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences 'compoundable' within the statutory framework, the extra-ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind:
(i) Nature and effect of the offence on the conscious of the society;
(ii) Seriousness of the injury, if any;
(iii) Voluntary nature of compromise between the accused and the victim;
& (iv) Conduct of the accused persons, prior to and after the 10 occurrence of the occurrence of the purported offence and / or other relevant considerations.
10. We state that we have settled the dispute amicably and the Complainant / Deponent No.3 have agreed to withdraw the complaint and settle the issue amicably.
WHEREFORE, we humbly pray that this Hon'ble Court be pleased to accept the joint affidavit and to allow the IA for compounding the offences and allow the above said Criminal Petition for quashing the Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1) (r) (s), 3(2) (VA) of SC/ST Act which was registered by Respondent No.1 on the Complaint lodged by Respondent No.3 in the interest of justice and equity.
Whatever stated in Para No.1 to 8 of the affidavit is true to the best of our knowledge, behalf and information."
7. The informant-Smt. Nagamma-respondent No.2 is present before this Court and she is identified by the learned counsel Sri. Sudarshan.M. On enquiry in the open Court, respondent No.2 admitted that the dispute between the parties is settled amicably.
118. I have gone through the prosecution papers along with the application filed under Section 320 read with Section 482 of Cr.P.C. It is stated that the petitioners and respondent No.2 are neighbors owning lands in the village. Both the parties have submitted that since they are residing in the same village, in the neighboring places, amicable settlement of the dispute may be accepted in the interest of justice.
9. Both the learned counsels submitted that there is counter case registered in Crime No.46/2019 by Raichur West Police Station on the basis of the first information lodged by the informant-Sri. Sharanagowda Vadigeri. The said matter is also amicably settled and similar application is being filed in Crl.P.No.200603/2022.
10. I have gone through the petition and accompanying application, I do not find any reason to reject the prayer made by the learned counsels for the parties. As amicable settlement between the parties bring peace and enable them to lead life with harmony, I am of 12 the opinion that the application filed under Section 320 read with Section 482 of Cr.P.C., is liable to be allowed and criminal proceedings initiated against the accused persons is to be quashed. Accordingly, I.A.No.1/2022 is allowed.
11. In view of the above, petition is allowed and criminal proceedings initiated against the petitioners-
accused Nos.1 and 2 in Spl.AC.No.433/2019 (Crime No.45/2019) for the offences punishable under Sections 447, 354, 323, 504, 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the SC/ST (PA) Act, pending on the file of I Additional District and Sessions Judge, Raichur, is hereby quashed.
12. Registry is directed to forward a copy of this order to the Trial Court for information and necessary action.
All pending IAs are disposed off.
Sd/-
JUDGE SMJ