Criminal Court allowed a petition under Section 482 CrPC to quash an FIR and set the petitioner at liberty based on a filed application for compromise, as the dispute between parties was settled.
The First Information Report in Cr.No.8/2020 is quashed and accused is acquitted and set at liberty.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 480 OF 2021
BETWEEN:
MR. SHASHIKANTH M.N. @ SHAMMI S/O. MOHAN N.M., AGED ABOUT 37 YEARS, R/AT 4TH BLOCK, SHIVARAMAKARANTH BADAVANE, KUSHALNAGAR, MADIKERI DISTRICT-571234
…PETITIONER
(BY SRI. HARIPRASAD M.B., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SRI. UMASHANKAR MEGUNDI, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR FILED BY THE KUSHAL NAGAR P.S., AT ANNEXURE-B i.e., RESPONDENT NO.1
IN FIR CR.NO.8/2020 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 417, 420 READ WITH 34 OF IPC AND SECTION 4, 5 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT PENDING PROCEEDINGS ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, KUSHAL NAGAR, KODADU DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the registration of First Information Report in Cr.No.8/2020 filed by the respondent No.1 for the offences punishable under Sections 417, 420 read with Section 34 of Indian Penal Code, 1860 (henceforth referred to as 'IPC' for short) and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 pending consideration before the Additional Civil Judge and JMFC, Kushalnagar, Kodagu District.
" APPLICATION UNDER SECTI ON 482 OF THE CODE OF CRIMINAL PROCEDURE
The petitioner and the Respondent No.2 beg to submit as follows:
1. The Petitioner and the Respondent No.2 are good old friends and they had a dispute with regard to some amount. That the Respondent No.2 lodged complaint against this Petitioner and others and an FIR came to be registered in Crime No. 08/2020 before the Respondent No 1 police. That till today, the respondent no1 police have not filed the final report. That based on the complaint of the 2nd respondent, the 1st respondent police have registered a case against for the offences punishable U/s Sections - 417, 420, read with Section 34 of IPC along with section 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, in Crime No.:8/2020 on the file of the Learned Civil Judge and JMFC, at Kushalnagar. Being aggrieved the Petitioners/Accused have approached this Hon'ble court seeking quashing of the FIR and the entire proceedings.
2. That at the intervention of the elders and well-wishers the parties have settled the dispute. That the respondent no 2 has received the entire disputed amount. That they have also filed the accompanying application for the permission of this Hon'ble court for compromise.
3. The averments made herein may read as part and parcel of this application. They have decided and determined to live peacefully and amicably.
WHEREFORE, it is respectfully prayed that this Hon'ble court be pleased to record the compromise and acquit the accused and set them at liberty in the interest of justice and equity."
Sd/JUDGE
HJ
List No.: 1 Sl No.: 39
2 issues framed by the court
Whether the FIR and proceedings should be quashed upon compromise of the dispute.
Whether the court has power to acquit the accused and allow compounding on record.
3 provisions across 3 enactments
MR. SHASHIKANTH M.N. @ SHAMMI S/O. MOHAN N.M.
THE STATE OF KARNATAKA
SRI. NAVEEN B.S.
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
