Karnataka High Court
Sri. B. Shreepathy Rao vs State Of Karnataka on 8 August, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8th DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
CRL.P.No.6469/2017 C/W
CRL.P.No.1220/2016 C/W
W.P.No.18377/2016 (GM-RES)
IN CRL.P.No.6469/2017
BETWEEN:
SRI B.SHREEPATHY RAO
S/O GANAPATHI RAO,
AGED ABOUT 65 YEARS,
RESIDING AT RAMPRIYA RESIDENCY,
4TH MODEL HOUSE STREET,
BASAVANAGUDI,
BANGALORE-560 004. ... PETITIONER
[BY SMT M.D.ANURADHA URS, ADV., FOR
SRI C.V.SUDHINDRA, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY STATION HOUSE OFFICER,
S.R.NAGAR POLICE STATION,
BANGALORE-560 027.
REP.BY ITS SPP
2. SRI CHIKKADODDAIAH
POLICE SUB-INSPECTOR,
S.R.NAGAR POLICE STATION,
BANGALORE-560 027.
REP.BY ITS SPP ... RESPONDENTS
(BY SRI S.RACHAIAH, HCGP)
2
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS VIDE ANNEXURE-A
AGAINST THE PETITIONER IN C.C.NO.21442/2005
PENDING ON THE FILE OF IX ACMM, BANGALORE.
IN CRL.P.No.1220/2016
BETWEEN:
1. SRI S.DAVID MESHACH
S/O LATE SWAMY DAS,
AGED ABOUT 64 YEARS,
RETIRED POLICE INSPECTOR,
R/AT NO 340, 'SWAMY NIVAS',
POLICE LAYOUT, 7TH CROSS,
K.N.HALLI DINNE,
BOMMASANDRA POST,
BENGALURU - 560 099.
2. SRI CHIKKADODDAIAH
S/O DODDAIAH,
AGED ABOUT 65 YEARS,
RETIRED POLICE SUB-INSPECTOR,
NO 228, 5TH A MAIN ROAD,
16TH CROSS, 4TH STAGE,
J.P.NAGAR,
BENGALURU - 560 078. ... PETITIONERS
(BY SRI GANGADHAR N.SANGOLLI, ADV.,)
AND:
SRI B.SRIPATHY RAO
S/O GANAPATHY RAO,
AGED ABOUT 60 YEARS,
OCC: TRADE UNIONIST,
NO 15-1/1A,
R/O RAMA PRIYA RESIDENCY,
4TH MODEL HOUSE STREET,
BASAVANAGUDI,
BENGALURU - 560 004. ... RESPONDENT
(BY SMT M.D.ANURADHA URS, ADV., FOR
SRI C.V.SUDHINDRA, ADV.,)
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THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO
STAY THE FURTHER PROCEEDINGS IN PCR
NO.31211/2005 REGISTERED BY THE VI A.C.M.M.,
NRUPATHUNGA ROAD, BANGALORE PENDING ON THE
FILE OF IX A.C.M.M., NRUPATHUNGA ROAD, BANGALORE
FOR THE OFFENCE P/U/S 219, 323, 325, 242, 327, 330,
364, 464, 468 AND 471 R/W 120(B) OF IPC, TILL DISPOSAL
OF C.C.NO.21442/2005 PENDING ON THE FILE OF IX
A.C.M.M., BANGALORE AND QUASH THE ENTIRE
PROCEEDINGS IN P.C.R.NO.31211/2005 REGISTERED BY
THE VI A.C.M.M., NRUPATHUNGA ROAD, BANGALORE
PENDING ON THE FILE OF IX A.C.M.M., NRUPATHUNGA
ROAD BANGALORE FOR THE OFFENCE P/U/S 219, 323,
325, 242, 327, 330, 364, 464, 468 AND 471 R/W 120(B) OF
IPC.
IN W.P.No.18377/2016
BETWEEN:
SRI S.DAVID MASHACH
S/O SWAMYDAS,
AGED ABOUT 64 YEARS,
RETIRED POLICE INSPECTOR,
R/AT NO.340, 'SWAMY NIVAS',
POLICE LAYOUT, VII CROSS,
K.N.HALLI DINNE,
BOMMASANDARA POST,
BENGALURU-560 099. ... PETITIONER
[BY SRI GANGADHAR SANGOLLI, ADV.,)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF HOME,
4
VIDHANA SOUDHA,
BENGALURU -560 001.
2. THE DIRECTOR OF PUBLIC PROSECUTION,
II FLOOR, CAUVERY BHAVAN,
K.G.ROAD, BENGALURU-560 009.
3. THE SUB-INSPECTOR OF POLICE
S.R.NAGAR POLICE STATION,
S.R.NAGAR, BENGALURU -560 002.
4. SRI B.SRIPATHY RAO
S/O GANAPATHY RAO,
AGED ABOUT 60 YEARS,
OCC: TRADE UNIONIST,
NO.15-1/1A,
R/O RAMA PRIYA RESIDENCY
4TH MODEL HOUSE STREET,
BASAVANAGUDI,
BENGALURU-560 002. ... RESPONDENTS
(BY SRI S.RACHAIAH, HCGP FOR R1 TO R3
SMT M.D.ANURADHA URS, ADV., FOR
SRI C.V.SUDHINDRA, ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 21.1.2011 PASSED
BY THE IX ADDL. CHIEF METROPOLITAN MAGISTRATE,
BANGALORE IN C.C.NO.21442/2005 (VIDE ANNEXURE-X)
AND ISSUE AN ORDER OR DIRECTION OR A WRIT IN THE
NATURE OF DIRECT THE COURT BELOW TO COMMENCE
THE TRIAL IMMEDIATELY ON DAY TO DAY BASIS AND
DISPOSE OF THE SAME WITHIN A SPECIFIED PERIOD AT
THE EARLIEST.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel appearing for the parties have filed affidavits of Sri B.Sripathy Rao / complainant in PCR No.31211/2005, Sri Chikkadoddaiah / informant in C.C.No.21442/2005 and Sri S.David Maschach / witness in C.C.No.21442/2005 and accused in PCR No.31211/2005.
2. Sri Gangadhar Sangolli, learned counsel appearing for the writ petitioner submits that in view of the settlement arrived at between the parties, he would not press this writ petition. Said submission is placed on record. Accordingly, writ petition is dismissed as not pressed.
3. On perusal of the record, it would disclose that the case and counter complaint filed by the accused and complainant/informant had resulted in registration of criminal cases. Both have stated in the affidavits that they have compromised the matter at the intervention of well-wishers and they have also stated that they have withdrawn all the allegations made against each other 6 in the pending proceedings. They have also undertaken that they will not initiate any further proceedings against each other relating to the incident in question as indicated or deposed in the respective affidavits. Said affidavits are placed on record.
4. In the light of the aforestated affidavits and parties present before the Court submits that the contents of the affidavits are true and correct and without any force or coercion, they have filed the respective affidavits, said affidavits are placed on record.
5. In the light of the submissions made by the parties present before the Court and by reiterating the contents of the affidavits filed, this Court is of the considered view that continuation of further proceedings would not meet the ends of justice and it would be an abuse of process of law.
Hence, I proceed to pass the following ORDER
(i) Crl.P.No.1220/2016 is hereby allowed and proceedings in PCR.No.31211/2005 then 7 pending on the file of 6th ACMM and now pending on the file of 9th ACMM, Bangalore, for the offences punishable under Sections 219, 323, 325, 342, 327, 330, 464, 468, 471 read with Section 120B of IPC, is hereby quashed.
(ii) Crl.P.No.6469/2017 is hereby allowed and proceedings in C.C.No.21442/2005 pending on the file of 9th ACMM, Bangalore, for the offence punishable under Sections 332, 504 and 506 of IPC is hereby quashed and petitioner is acquitted of said offences.
SD/-
JUDGE PB