Karnataka High Court
Shri. Wilson Santa Lopies S/O Santa ... vs The State Of Karnataka on 21 August, 2018
Author: K.Somashekar
Bench: K.Somashekar
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.101138/2018
BETWEEN
SHRI. WILSON,
S/O SANTA LOPIES,
AGE: 29 YEARS,
CARE TAKING AND NURSING OF AGED
PERSON IN THE COUNTRY OF ISREAL,
NOW R/O: AROLLI,
POST: MUNDGOD,
HONNAVAR TALUK. ...PETITIONER
(BY SRI SRINIVAS B.NAIK, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
THROUGH HONAVAR POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. NAGARAJ, S/O KRISHNA MESTA,
AGE: 50 YEARS, OCC: COOLIE,
R/O CHURCH CROSS,
AAROLLI, MUNDAGOD,
HONAVAR, DIST: KARWAR. ...RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R1)
(SRI NAGARAJ K.MESTA, R2-PARTY-IN-PERSON)
:2:
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND
QUASH PROCEEDINGS IN C.C.NO.01/2017 ORDER DATED
ON 19.06.2018 UNDER SECTIONS 341, 323, 325, 504,
506 READ WITH 34 OF IPC INITIATED AGAINST THE
PETITIONER PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND J.M.F.C., HONNAVAR.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This criminal petition is filed by the petitioner/accused No.1 under Section 482 of the Code of Criminal Procedure and seeking quashment of the entire proceedings in C.C.No.1/2017 for the offences punishable under Sections 341, 323, 325, 504, 506 read with Section 34 of I.P.C. The said case is pending on the file of the Court of the Senior Civil Judge and J.M.F.C., Honnavar. In that case, the accused has filed an application under Section 320(2) of Cr.P.C. seeking permission to compound the offences as stated supra. That the Court below was rejected the said application in its order dated :3: 19.06.2018. The same has been challenged under this criminal petition by urging the various grounds.
2. The respondent No.2 herein being the complainant and petitioner herein being an accused in C.C.No.1/2017. The application under Section 320(2) of Cr.P.C. has been filed before the Court urging that the case against the accused Nos.2 and 3 was concluded on 27.01.2017 in a judgment rendered by the Court below in C.C.No.91/2016 as in old No.243/2015. The petitioner being arraigned as accused, the split up charge sheet was laid against this absconding accused as per the order dated 27.01.2018 by issuance of non-bailable warrant against him. Subsequently, this accused has been secured and to proceed with the case against him for the alleged offences. In the meanwhile of the proceedings in C.C.No.1/2017, an application under Section 320(2) of Cr.P.C. came to be filed seeking permission to compound the offence as under Section :4: 325 of I.P.C. It is noted in the table of the provision of the Code of Criminal Procedure, the remaining offences which lugged against the accused are compoundable in nature, but the Court below was rejected the application filed by the accused under Section 320(2) of Cr.P.C. in its order dated 19.06.2018. The counsel has produced the judgment relating to the case in C.C.No.91/2016 in respect of accused Nos.2 and 3 in its order dated 27.01.2017. As the order passed by the trial Court is under Section 248(1) of Cr.P.C. the accused Nos.2 and 3 are ended in acquittal for the offences under Sections 341, 323, 325, 504, 506 read Section 34 of I.P.C., as in that case PW1 to 10 have been examined for the prosecution and got marked Exs.P1 to P10, apart from Exs.D1 to D5 are the portion of the complaint as well as portion of the statements of PW2. On appreciation of the evidence which placed by the prosecution that the Court below in C.C.No.91/2016 rendered acquittal :5: judgment against the accused Nos.2 and 3. As this petitioner being arraigned as accused No.1 that this accused as well as those accused Nos.2 and 3 are in the similar footing for the alleged offences. But the split up charge sheet is laid against this petitioner being arraigned as an accused in C.C.No.1/2017. Therefore, the accused is filed an application under Section 320(2) of Cr.P.C. seeking permission to compound the alleged offences against him. But the said application was came to be rejected in its order dated 19.06.2018; the same has been challenged under this criminal petition by urging various grounds.
3. As the petitioner/accused No.1 and so also the complainant being a respondent in this petition are present. As they were pressing to service in this criminal petition is filed under Section 482 Cr.P.C. seeking quashment of the order passed by the Court below in C.C.No.1/2017 for having rejected the application under Section 320(2) Cr.P.C. in its order :6: dated 19.06.2018. The complainant is said that the case in C.C.No.1/2017 may be acquitted the accused by considering the application filed under Section 320(2) of Cr.P.C. seeking permission to compound the offences under Section 325 of I.P.C. as well as other offences which lugged against the accused. When the complainant as well as accused No.1 being the petitioner herein are come forwarded seeking permission to compound the offences under Section 325 of Cr.P.C. as well as other offences, which leveled against this accused are concerned, it is said that it is in the interest of justice as well as the proceedings supposed to be initiated against this accused as in a split up charge sheet and also proceed with case for facing of a trial, there is no purpose will be served as the co-accused Nos.2 and 3 are ended in acquittal in the judgment rendered by the Court below in C.C.No.91/2016 dated 27.01.2017 for the aforesaid offences are incorporated in the operative portion of :7: the order. Therefore, application filed under Section 320(2) of Cr.P.C. is hereby accepted in the presence of the complainant/respondent No.2. The proceedings initiated against the accused for the alleged offences in C.C.No.1/2017 is hereby quashed.
Consequently, the offences leveled against the accused under Sections 341, 323, 325, 504, 506 read with Section 34 of I.P.C. are hereby absolved in conformity with the judgment of acquittal rendered by the trial Court in C.C.No.91/2016, as this accused as well as accused Nos.2 and 3 are in the similar footing for having faced the trial. Consequently, the petition is allowed in the terms of the aforesaid reasons.
Sd/-
JUDGE CLK