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Showing contexts for: 323/354 in E. Anjinayya S/O Chandrayya And Anr vs The State Of Karnataka And Anr on 22 June, 2022Matching Fragments
The petitioners being accused Nos.1 and 2 in Crime No.45/2019 of Raichur West Police Station, are before this Court invoking inherent powers of this Court under Section 482 of Cr.P.C., to quash the proceedings in Spl.AC.No.433/2019 (Crime No.45/2019) for the offences punishable under Sections 447, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of I Additional District and Sessions Judge, Raichur.
1. We are the Petitioner No.1 and 2 and Respondent No.2 respectively, in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit.
2. We state that the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution.6
3. We state the deponent No.1 and herein have filed the above petition Under Section 482 of the Code of Criminal procedure with a prayer to quash the proceedings against the respondent No.2 in Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act.
4. We state that based on the complaint lodged by the Respondent No.2 in FIR No.0045/2019 on 03.05.2019 for the alleged offences punishable under Section 143, 147, 447, 354, 323, 504, 506 and 149 of IPC read with Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act.
5. We state that the deponent No.3 gave a complaint to the Respondent No.1 against the deponent No.1 and 2 and, That the Respondent No.1 registered a FIR No.0045/2019 on 03.05.2019 for the alleged offences punishable under Section 143, 147, 447, 354, 323, 504, 506 and 149 of IPC read with Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act and after investigation the charge sheet was filed against the Petitioners for the offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2) (VA) of SC/ST Act and the same is pending for adjudication.
Be it as it may, the Lower Court was pleased to take cognizance of the same and the said matter is numbered as Spl. C.C.No.433/2019 pending on the file on 1st Additional District and Session Judge for the alleged offences punishable under Section 323, 354, 447, 504, 506 read with Section 34 of IPC and Section 3(1)(r)(s), 3(2)(VA) of SC/ST Act.
76. We state that the present dispute arose due to civil and property disputes between the Petitioner No.1 and 2 and the Respondent No.2 and both the petitioner No.1 and 2 are neighbors and with the intervention of the elders of the area and also well wishers and advisors, both the parties have come forward in order to settle the disputes and the Respondent No.2 has agreed that she would withdraw the complaint filed against the Petitioner No.1 and 2 and she has expressed her desire that she does not want to prosecute the case. As the Complaint/Respondent No.2 has expressed her desire to withdraw the case, the trial would be futile and continuation of proceedings would be abuse of process of Court.