Karnataka High Court
Jayaram vs State Of Karnataka on 10 January, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE K.N.PHANEENDRA
CRL. PETITION NO.7546/2017
BETWEEN:
1. JAYARAM
S/O LATE T THIMMAIAH
AGED MAJOR,
HOUSE NO 8, 10TH MAIN ROAD,
80 FEET ROAD,
MARIYAPPANPALYA,
JNANA BHARATHI POST,
BENGALURU - 560 056
... PETITIONER
(BY SRI SANTOSH S NAGARALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
JNANA BHARATHI POLICE STATION,
REP BY ITS PUBLIC PROSECUTOR
HIGH COURT BENGALURU - 560 001
2. VASANTH KUMAR R
S/O S RAMU, AGED 37 YEARS
HOUSE NO 14, 4TH CROSS,
BYRAPPA LAYOUT,
NAGASHETTAHALI
BENGALURU - 560 094.
... RESPONDENTS
(BY SRI S RACHAIAH, HCGP FOR R-1;
2
SRI MANJUNATH M.R., ADVOCATE FOR R-2)
THIS CRL.PETITION IS FILED U/S.482 CR.P.C
PRAYING TO QUASH THE FIR REGISTERED IN CRIME
NO.78/2017 OF JNANABHARATHI POLICE STATION,
BENGALURU CITY REGISTERED ON 28.04.2017 FOR THE
OFFENCES P/U/S 384 AND 447 OF THE IPC BY
RESPONDENT NO.1 PENDING ON THE FILE OF 9TH
ADDITIONAL CMM COURT, BENGALURU.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING
ORDER
The petitioner and the 2nd respondent are present before the court.
2. Mr.Manjunath M.R, advocate, files vakalath for the respondent no.2. The respondent no.2 has filed an affidavit before the court wherein it is stated that, the parties have compromised the matter and the respondent no.2 has no objection to allow the petition and quash further proceedings in Crime No.78/17.
3. The offences alleged are under Sections 384 and 447 of IPC which are not punishable with either death or imprisonment for life. The offence under Section 447 of 3 IPC is compoundable in nature, however, the offence under Section 384 of IPC is non-compoundable.
4. The parties have compromised the matter. There is no impact on the society if the matter is allowed to be compromised between the parties and there is no legal impediment to record the compromise and quash the proceedings. The Hon'ble Apex Court in a decision reported in [2012] 10 SCC 303 between GIAN SINGH .vs. STATE OF PUNJAB AND ANOTHER has laid down the following principles:
- Thus, held, heinuous and serious offences of mental depravity, murder, rape, dacoity etc., or under special statutes like Prevention of Corruption Act or offences committed by public servants while working in their capacity as public servants, cannot be quashed even though victim or victim's family and offender have settled the dispute - Such offences are not private in nature and have a serious impact on society.
...
But criminal cases having overwhelmingly and predominantly civil flavour stand on a different 4 footing - Offences arising from commercial, financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry etc., or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute, High Court may quash criminal proceedings - High Court, in such cases, must consider whether it would be unfair or contrary to interest of justice to continue with the criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between parties and whether to secure ends of justice, it is appropriate the criminal case is put to an end - If such question(s) are answered in the affirmative, High Court shall be well within its jurisdiction to quash the criminal proceeding".
5. In my opinion, the present case falls under the categories set down by the Apex Court. Hence, the petition deserves to be disposed of by virtue of the compromise between the parties.
6. Hence, I proceed to pass the following order: 5
ORDER The petition is allowed. Consequently the compromise petition filed by the parties is hereby accepted. The FIR registered in Crime No.78/17 against the petitioner by Jnanabharathi police station for the offences punishable under Sections 384 and 447 of IPC and all further proceedings therein are hereby quashed.
Sd/-
JUDGE vgh*