The High Court quashed criminal proceedings under Section 482 CrPC. The offences were compoundable, and the respondents settled the matter, rendering continuation an abuse of process.
The impugned criminal proceedings in C.C. No. 872/2016 pending before the II A.C.J.M., Bengaluru Rural, are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.P.No.1884/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.1884/2018
BETWEEN :
PENCHALA RAVINDAR SON OF MR.MADHAV AGED ABOUT 36 YEARS RESIDING AT NO.7-1-301/17/47 SUBHASH NAGAR SANATH NAGAR HYDERABAD-500 018 … PETITIONER (BY SRI.ALOKE MADAPPA, ADVOCATE)
AND :
Crl.P.No.1884/2018
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ALL FURTHER PROCEEDINGS COMPLAINT, FIRST INFORMATION REPORT AND CHARGE SHEET IN C.C.NO.872/2016 PENDING BEFORE THE II A.C.J.M., BENGALURU RURAL, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned counsel for the petitioner, second respondent, learned HCGP and respondent No.2 appear virtually. Respondent No.2 is duly identified by learned counsel for respondent No.2.
C.C.No.872/2016 on the file of the II Additional C.J.M., Bengaluru Rural District for the offences punishable under Sections 323, 504 and 506 of IPC
Crl.P.No.1884/2018
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on the basis of the charge sheet filed by
Thalaghattapura Police in Crime No.249/2014.
against the petitioner for the aforesaid offences on the basis of the complaint filed by respondent No.2 alleging that on 11.05.2014 at 11.00 a.m., near her house within the limits of Thalaghattapura police station the petitioner picked up quarrel with her in connection with some loan transaction, abused her in foul language and slapped her. It was further alleged that the petitioner threatened that if she insists for repayment of loan lent by her, he kidnaps and kills her children and husband.
Crl.P.No.1884/2018
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impugned proceedings against the petitioner
amounts to abuse of the process of the Court.
6. Hon’ble Supreme Court in Gian Singh vs.
State of Punjab and another1 has held that if the offences are compoundable and complainant compromises the matter the High Court can quash the proceedings invoking the inherent powers under Section 482 of Cr.P.C. This matter is covered by the said judgment. Therefore, the petition is allowed.
The impugned proceedings in C.C.No.872/2016 on the file of the II Additional C.J.M., Bengaluru Rural District, Bengaluru are hereby quashed.
Sd/JUDGE
KG
1 (2012)10 SCC 303
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 482 CrPC where the offences are compoundable and have been settled by the complainant.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab and anotherFollowed¶32
(2012)10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Penchala Ravindar
State of Karnataka
Joshna
K.S. Mudgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
