Karnataka High Court
Basavaraj S/O Ningappa Bommanahalli vs The State Of Karnataka on 22 August, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:11991
CRL.P No. 102334 of 2023
C/W CRL.P No. 102946 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 102334 OF 2023
C/W
CRIMINAL PETITION NO. 102946 OF 2023
IN CRLP. NO. 102334 OF 2023
BETWEEN:
SHREESHAIL PATTANASHETTI,
S/O PARAPPA
AGED 30 YEARS
PSI HANGAL POLICE STATION
HAVERI DISTRICT
PRESENTLY WORKING AT
RURAL POLICE STATION
SHIVAMOGGA
Digitally ...PETITIONER
signed by
MALATESH (BY SRI. MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
KC
Location: AND:
HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY THE POLICE SUB INSPECTOR,
HANGAL POLICE STATION
HAVERI DISTRICT
REP BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD -580 001.
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NC: 2024:KHC-D:11991
CRL.P No. 102334 of 2023
C/W CRL.P No. 102946 of 2023
2. SHIVAKUMAR GUTTEPPA TALAVAR,
S/O GUTTEPPA
AGED 28 YEARS
RESIDENT OF MALAGUNDA,
HANGAL TALUK,
HAVERI DISTRICT - 581 110
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 (VC);
SRI. AVINASH M. ANGADI, ADVOCATE FOR R2 (VC))
THIS CRIMINAL PETITION IS FILED U/SEC. 482 CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST
ACCUSED NO.1/PETITIONER RELATING TO CRIME NO.
234/2022 REGISTERED FOR OFFENCES P/U/SEC. 323, 504,
506, 34 OF IPC R/W SCHEDULED CASTE AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES AMENDMENT BILL,
2015, U/SEC. 3(1)(s) PENDING BEFORE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI.
IN CRLP. NO. 102946 OF 2023
BETWEEN:
1. BASAVARAJ,
S/O NINGAPPA BOMMANAHALLI
AGE. 45 YEARS,
OCC. P.C. HANAGAL PS,
R/O. POLICE QUARTERS,
HANGAL,
DIST. HAVERI - 581 110
2. IRANNA,
S/O CHANNABASAPPA HONNALLI
AGE. 49 YEARS,
OCC. POLICE CONSTABLE,
HANAGAL PS,
R/O TARALABALU NAGAR,
II-CROSS, HAVERI
DIST. HAVERI - 581 110.
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NC: 2024:KHC-D:11991
CRL.P No. 102334 of 2023
C/W CRL.P No. 102946 of 2023
3. NINGAPPA,
S/O GUDDAPPA KANAVALLI
AGE. 51 YEARS,
OCC. ASI HANAGAL PS,
R/O. ASHWINI NAGAR
4TH CROSS HAVERI,
DIST. HAVERI - 581 110
...PETITIONERS
(BY SRI. ABHINANDAN M GUNDAWADE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE POLICE SUB INSPECTOR,
HANGAL POLICE STATION
HAVERI DISTRICT
REP BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD -580 001.
2. SHIVAKUMAR GUTTEPPA TALAVAR,
S/O GUTTEPPA
AGED 28 YEARS
RESIDENT OF MALAGUNDA,
HANGAL TALUK,
HAVERI DISTRICT - 581 110
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 (VC);
SRI. AVINASH M. ANGADI, ADVOCATE FOR R2 (VC)
V/O DATED 22.08.2024)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO PASS AN ORDER AND QUASH THE ENTIRE
PROCEEDINGS AGAINST PETITIONERS/ACCUSED NO. 2 TO 4
IN SPL. SC/ST.NO. 28/2023, ARISING OUT OF HANAGAL
P.S.CR.NO. 234/2022, PENDING ON THE FILE OF I ADDL.
DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE,
HAVERI.
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NC: 2024:KHC-D:11991
CRL.P No. 102334 of 2023
C/W CRL.P No. 102946 of 2023
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR JUSTICE V.SRISHANANDA
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE V.SRISHANANDA) Heard Sri Mallikarjunswamy B. Hiremath and Sri Abhinandan M. Gundawade, learned counsel for the petitioners/accused No.1 to 4 in Crl.P.No.102334/2023 and Crl.P.No.102946/2023 respectively and Smt. Girija Hiremath, learned High Court Government Pleader for respondent No.1 and Sri Avinash M. Angadi, learned counsel for the respondent No.2 in the said cases.
2. Petitioner in Crl.P.No.102334/2023 is the first accused and petitioners in Crl.P.No.102946/2023 are accused No.2 to 4 in respect of Cr.No.234/2022, on the file of Hanagal Poilce Station, Haveri.
3. Initially the offence alleged in the FIR are under the provisions of Section 323, 504, 506 r/w Section 34 of IPC and Section 3 (1) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. -5-
NC: 2024:KHC-D:11991 CRL.P No. 102334 of 2023 C/W CRL.P No. 102946 of 2023
4. Later, the materials collected by the Investigating Agency on perusal would go to show that prima-facie materials are not available to proceed against the accused/petitioners for attracting the offences under the provisions of Section 3 (1) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Moreover, complainant who is represented by Sri Avinash M. Angadi categorically contended that the matter has been amicably settled between the complainant and the accused persons.
5. In a matter of this nature, primarily the offence is against the State and thereafter, somebody would be either bodily hurt or suffered damages to their property.
6. In the case on hand, the allegations are that the complainant had been insulted in public by taking out the caste name by the accused persons.
7. Since the matter is now amicably settled which has not been disputed by Sri Avinash M. Angadi, counsel representing the complainant, following the dictum of the Hon'ble Apex Court in the case of Ramagopal and another vs. State of Madhyapradesh, reported in (2022) 14 SCC -6- NC: 2024:KHC-D:11991 CRL.P No. 102334 of 2023 C/W CRL.P No. 102946 of 2023 531, this Court can exercise the power under Section 482 Cr.P.C., and permit the parties to settle the matter and quash the pending criminal proceedings as the same would not serve any better purpose.
8. Further, since the dispute is privy to the parties and not affecting the public at large, the compromise between the parties can be taken note of by exercising the power under Section 482 of Cr.P.C., in quashing the pending criminal proceedings.
Accordingly, following:
ORDER Crl.P.No.102334/2023 and Crl.P.No.102946/2023 are hereby allowed.
Pending criminal proceedings in Spl.Case No.28/2023, pending on the file of Special Judge, Haveri is hereby quashed.
Sd/-
(V.SRISHANANDA) JUDGE MR List No.: 19 Sl No.: 1