Rev. David Nathaniel S/O Late B. Nathaniel Vs State of Karnataka

REV. DAVID NATHANIEL S/O LATE B. NATHANIEL, AGED ABOUT 55 YEARS, EXECUTIVE SECRETARY OF REGIONAL EXECUTIVE BOARD, BANGALORE REGIONAL CONFERENCE, AT BALDWIN METHODIST EDUCATION CENTRE, NO.13, CONVENT ROAD, RICHMOND TOWN, BENGALURU-560 025.

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Digitally signed by RAKESH S RAKESH HARIHAR S Location: HIGHCOURT OF HARIHAR KARNATAKA DHARWAD BENCH

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REV. MATHEW GEORGE M. S/O GEORGE M.M., AGED ABOUT 49 YEARS, CONFERENCE TREASURE, BANGALORE REGIONAL CONFERENCE AND TREASURER OF REGIONAL EXECUTIVE BOARD, AT BALDWIN METHODIST EDUCATION CENTRE, NO.13, CONVENT ROAD, RICHMOND TOWN, BENGALURU-560 025.

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… PETITIONERS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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HC-KAR

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AND:

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STATE OF KARNATAKA, BY GOKAK RURAL POLICE STATION, GOKAK, BELAGAVI DISTRICT, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001.

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REVEROND ELIYA S/O JAYAVANTH ELIYA, AGED ABOUT 58 YEARS, OCC. PASTOR AND DISTRICT SUPERINTENDENT, AT METHODIST CENTRAL CHURCH, MISSION COMPOUND, DHUPADAL-591 306, GOKAK TALUK, BELAGAVI.

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… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. LINGESH V. KATTEMANE, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.0150/20120 BY THE RESPONDENT NO.1 I.E., GOKAK RURAL POLICE STATION FOR ALLEGED OFFENCES UNDER SECTIONS 406, 409, 420, 468, 469, 471 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 AND CONSEQUENTLY QUASH ALL PROCEEDINGS ARISING THEREOF, IN RESPECT OF PETITIONER NOS.1 AND 2 (ACCUSED NO.2 AND 3) IN THE COURT OF PRL. CIVIL JUDGE AND JMFC, GOKAK, IN THE INTEREST OF JUSTICE.

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IN CRL.P. 101287 OF 2020:

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BETWEEN:

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MR. REVEROND REV. SOLOMON S/O. SEDAPPA HULAMANI, AGED ABOUT 63 YEARS, R/O. DEVARASHIGIHALLI, TQ. KITTUR, NOW PRESENTLY AT METHODIST CHURCH MISSION COMPOUND,

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HC-KAR

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GOKAK TALUK, DHUPADAL-591 306.

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… PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY GOKAK RURAL POLICE STATION, GOKAK, BELAGAVI DISTRICT, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD CIRCUIT BENCH, DHARWAD-580 001.

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REVEROND ELIYA S/O JAYAVANTH ELIYA, AGED ABOUT 58 YEARS, PASTOR AND DISTRICT SUPERINTENDENT AT METHODIST CENTRAL CHURCH, METHODIST CHURCH MISSION COMPOUND, DHUPDAL-591 306, GOKAK TALUK, BELAGAVI.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. LINGESH V. KATTEMANE, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.0150/2020 BY THE RESPONDENT NO.1 GOKAK RURAL POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420, 468, 469, 471 R/W SECTION 34 OF IPC AND IN THE COURT OF PRL. CIVIL JUDGE AND JMFC, GOKAK, CONSEQUENTLY QUASH ALL PROCEEDINGS ARISING THEREOF IN SO FAR AS THE PETITIONER I.E., ACCUSED NO.1, IN THE INTEREST OF JUSTICE.

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THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused Nos.1 to 3 in Crime No.150/2020 registered

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by Gokak Rural Police Station, Belagavi District, for the offences punishable under Sections 406, 409, 420, 468, 469, 471 R/W Section 34 of IPC, are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them in the aforesaid case.

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Heard the learned counsel for the parties.

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Learned counsels for the private parties jointly

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submit that dispute between the parties has been amicably settled at the intervention of the well-wishers of both the parties. The accused and the first informant are all the members of the governing body of the Methodist

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Central Church in India. They submit that parties have filed a joint memo reporting settlement and considering the nature of the allegations found in the first information, they pray to allow the petitions.

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HC-KAR

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Per contra, learned HCGP has brought to the

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notice of this Court that the offence punishable under Section 409 of Indian Penal Code is non compoundable in nature.

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Accused Nos.1, 3 and the first informant are present in person before the Court and accused No.2 is virtually present before the Court. The parties are identified by their respective advocates. The joint memo filed by the parties, which is signed by their respective advocates is taken on record. The same reads as follows:

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“JOINT MEMO

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The Petitioners and the Respondent No.2 submit as under:

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The aforesaid Petition is filed by the Petitioners challenging the proceedings in Crime No.0150/2020 pending on the file of the 2^nd Additional Civil Judge (Junior Division) and JMFC, Gokak.

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At the intervention of the well-wishers and this Hon'ble Court, both the parties have arrived at amicable settlement amongst them and the Respondent No.2 do not intend to continue with the present proceedings and the Respondent No.2 do not have any objection to

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HC-KAR

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quash the proceedings in Crime No.0150/2020 pending on the file of the 2^nd Additional Civil Judge (Junior Division) and JMFC, Gokak against the Petitioner and FIR registered in crime no.0150/2020 registered by the Respondent No. 1 police against petitioners for offences punishable under Section 406, 409, 420, 468, 469, 471 of IPC.

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WHEREFORE, both the parties pray before this Hon'ble Court be pleased to quash the proceedings in Crime No.0150/2020 pending on the file of the 2^nd Additional Civil Judge (Junior Division) and JMFC, Gokak, and FIR. No.0150/2020 registered by respondent No.1 police against petitioner, in the interest of justice and equity.”

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The dispute between the parties is primarily civil in nature. It is under these circumstances, further proceedings were stayed by this Court in these two petitions at crime stage itself. The said dispute has been amicalbly settled between the parties and the parties have approached this Court reporting settlement. The parties have submitted that settlement between the parties is voluntary without there being any coercion and undue influence.

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HC-KAR

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The Hon'ble Supreme Court in the case of Ramgopal and another vs. State of Madhya Pradesh¹ , has observed that, notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in exercise of powers under Section 482 of Cr.P.C., can quash criminal proceedings initiated, even for noncompoundable offences.

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The allegations found in the FIR are purely private in nature. Considering the nature of allegations, which are civil in nature, this Court has granted stay of investigation in the present case and the parties have now settled their dispute and have filed a joint memorandum with a prayer to quash the impugned proceedings. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following:

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1 AIR 2022 (14) SCC 531

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HC-KAR

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ORDER

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Criminal Petitions are allowed.

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The entire proceedings in Crime No.150/2020 registered by Gokak Rural Police Station, Belagavi District, for the offences punishable under Sections 406, 409, 420, 468, 469, 471 R/W Section 34 of IPC against the petitioners are hereby quashed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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VMB CT:BCK LIST NO.: 1 SL NO.: 49

Rev. David Nathaniel S/O Late B. Nathaniel v. State of Karnataka

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Rev. David Nathaniel S/O Late B. Nathaniel v. State of Karnataka

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