Sahana @ Shahid v. the State of Karnataka
Case brief
What is this about?
The High Court allowed an application to compound offences under the Indian Penal Code and quashed criminal proceedings. The court distinguished between compoundable and non-compoundable offences, held that the accused were not liable for more serious charges given the facts, and granted permission to compound the remaining offences.
What did the court decide?
IA No.2 of 2021 is allowed, petitioners permitted to compound offences under applicable sections of IPC, and pending criminal proceedings are quashed.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.1347 OF 2021
BETWEEN:
- SAHANA @ SHAHID FATHER’S NAME JAMAL SAB, TRANSGENDER, AGED ABOUT 20 YEARS, RAJIVGANDHI EXTENSION, NEAR RTO OFFICE, DAVANAGERE - 577 002.
- THULASI @ SIMRAN FATHER’S NAME RAJABAKSHI, TRASGENDER, AGED ABOUT 22 YEARS, RAJIVGANDHI EXTENSION, NEAR RTO OFFICE, DAVANAGERE - 577 002.
- FIRDOS FATHER’S NAME IMAM SAB, TRANSGENDER, AGED ABOUT 23 YEARS, RAJIVGANDHI EXTENSION, NEAR RTO OFFICE, DAVANAGERE - 577 002.
- GANESH S/O. HULUGAPPA, AGED ABOUT 28 YEARS, OCC: AUTO DRIVER, R.M.C. ROAD, BAMBUBAZAR, DAVANAGERE - 577 001.
Issues for consideration
3 issues framed by the court
Whether an application under Section 482 Cr.P.C. for compounding offences under the Indian Penal Code admits of compoundable and non-compoundable offences.
Whether the proceedings under Sections 143, 147, 148, 341, 323, 324, 307, 384, 504, 506 read with Section 149 IPC should be quashed in view of the agreement to compound.
Whether the offences under Sections 324, 307, and 384 IPC are attracted against the petitioners given the nature of the assault and intent.
Parties & counsel
- petitioner
Sahana @ Shahid
- petitioner
Thulasi @ Simran
- petitioner
Firdos
- petitioner
Ganesh
- petitioner
Nayaz
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- CRL.P/1347/2021
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