Karnataka High Court
Muttappa S/O Bhimappa Walikar vs The State Of Karnataka on 28 June, 2021
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE 2021
BEFORE
THE HON'BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.100632/2021
BETWEEN
MUTTAPPA S/ O BHIMAPPA WA LIKAR
AGE 28 YEARS , OCC SERVI CE,
R/O JADRMAKUNTI ,
TQ AND DIST BAGALKOT.
PIN 587 207
...PETITIONER
(BY SRI.N L BATA KURKI, ADV OCATE)
AND
1. THE STATE OF KARNATAKA
BY P I BA GALKOT RURAL P.S.,
TQ AND DIST BAGALKOT,
REP. BY SPP,
HIGH COURT BENCH DHARWAD .
2. SMT.GEETA ALIAS LAXMIBAI
W/O MANJUNATH WALIKAR
AGE 26 YEARS ,
OCC HOUSEHOLD WORK,
R/O KIRASUR,
TQ AND DIST BAGALKOT, PIN 587 112
...RESPONDENTS
(BY SRI.RAVINDRA NAIK, HCGP FOR R1,
SRI.ANWARBAS HA, ADV OCATE FOR R2)
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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUA SH THE SPLIT UP CHARGE SHEET FILED BY
THE POLICE A GAINST THE PETITIONER HEREIN IN
C.C.NO.92/ 2018 ( BAGALKOT RURA L P.S.CRIME N O.285/ 2014)
FOR THE ALLEGED OFFENCES U/SEC 3 AND 4 OF DP ACT AND
SEC 143, 147, 323, 498-A , 504 R/ W SEC 149 OF I PC ON THE
FILE OF PRL SEN IOR CIVIL JUDG AND CJM BAGALKOT AND
CONSEQUENTLY QUASH THE EN TIRE PROCEEDIN GS IN
C.C.NO.92/ 2018 ON THE FILE OF PRL. SENIOR CIVIL JUDGE
AND CJM BA GALKOT.
THIS PETITION COMING ON F OR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.5 in Crime No.285/2014 of Bagalkot Rural Police Station is before this Court seeking to quash the split up charge sheet filed by the police against the petitioner in C.C.No.92/2018 for the offences punishable under Sections 143, 147, 323, 498-A, 504 read with Section 149 of Indian Penal Code (for short, 'IPC') and under Sections 3 and 4 of Dowry Prohibition Act and also the criminal proceedings initiated against him in C.C.No.92/2018 pending on the file of the learned Principal Senior Civil Judge and CJM, Bagalkot for the above said offences. -3-
2. Brief facts of the case are that the informant Smt.Geeta @ Laxmibai Walikar lodged the first information against accused No.1 to 5 alleging commission of the above said offences. It is stated that accused No.1 is her husband, accused No.2 and 3 are her in-laws and accused No.4 and 5 are the siblings of accused No.1. All these accused have committed the offences alleged against them.
3. On the basis of the first information, Crime No.285/2014 was came to be registered in Bagalkot Rural Police Station and the investigation was undertaken. It is stated that the investigation is completed and the charge sheet is also filed. Cognizance was taken in C.C.No.63/2015 for the above said offences by the trial Court. However, since the petitioner/accused No.5 was absconding, split up charge sheet was filed and C.C.No.92/2018 was registered before the trial Court.
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4. Now the petitioner/accused No.5 is before this Court seeking to quash the split up charge sheet and also the criminal proceedings initiated against him.
5. Heard the learned counsel for the petitioner, learned counsel for respondent No.2 and the learned HCGP for respondent No.1.
6. Learned counsel for the petitioner submitted that accused No.1 to 4 i.e. husband, in-laws and sister of accused No.1 are already acquitted by the trial Court vide judgment dated 01.10.2018. During the pendency of this criminal petition the parties have arrived at a compromise and therefore I.A.No.2/2021 was filed seeking permission to compound the offences.
7. Learned counsel for respondent No.2/complainant submits that the complainant has -5- agreed to compromise the matter in order to restore the family relationship and she has no objection to quash the split up charge sheet and the criminal proceedings.
8. Learned HCGP submitted that since both the parties have compromised the matter, the same may be recorded and appropriate orders could be passed.
9. Perused the materials on record. In the light of the submissions made by the learned counsel for the parties, the following point would arise for my consideration:
"Whether the split up charge sheet and the criminal proceedings initiated against the petitioner/accused No.5 are liable to be quashed?"
10. My answer to the above point is in 'Affirmative' for the following:
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REASONS
11. The petitioner/accused No.5 and respondent No.2/complainant are present before the Court. Both the parties are identified by their respective counsel. On enquiry, respondent No.2/complainant submitted that out of her free volition she compromised the dispute with the petitioner and she has no objection to allow the petition.
12. The offences alleged against the petitioner/accused No.5 are under Sections 143, 147, 323, 498-A, 504 read with Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act. It is not in dispute that accused No.1 to 4 who are the main accused are already acquitted by the trial Court vide judgment dated 01.10.2018. I am satisfied on enquiring respondent No.2/complainant. Therefore, I am of the opinion that the parties may be permitted to compound the offences.
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13. In view of the compromise entered into between the parties and since respondent No.2/complainant has no objection to allow the petition and also in view of the acquittal of main accused i.e. accused No.1 to 4, I am of the opinion that the criminal petition deserves to be allowed and the split up charge sheet and the criminal proceedings initiated against the petitioner are to be set aside. Accordingly, I answer the above point in affirmative.
14. In view of the above, I proceed to pass the following:
ORDER The criminal petition is allowed. The split up charge sheet and the criminal proceedings initiated against the petitioner in C.C.No.92/2018 (Bagalkot Rural P.S. Crime -8- No.285/2014) before the learned Principal Senior Civil Judge and CJM, Bagalkot are hereby quashed.
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JUDGE sh