Case Note & Summary
The petitioners, Prakash Y., Ananda, Sagar H., Sudarshanachar, and Shivanna @ Shiva, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka at Bengaluru. They sought quashing of the entire proceedings in C.C.No.2949/2020, which arose out of Crime No.398/2017 registered at Tavarekere Police Station. The case was pending before the Chief Judicial Magistrate, Rural Court, Bengaluru. The offences alleged included Sections 114, 143, 147, 148, 323, 324, 354, 427, 448, 504, and 506(B) read with Section 149 of the Indian Penal Code, 1860 (IPC). The petitioners were accused numbers 1 to 5 in the case. The respondent No.2, V. Narasimhalu, was the complainant. During the pendency of the petition, the parties informed the court that they had amicably settled the dispute. The learned counsel for the petitioners, Sri Y.S. Shivaprasad, and the learned High Court Government Pleader, Sri V.S. Vinayaka, appeared. The court considered the fact that the dispute was personal in nature and the settlement was genuine and voluntary. The court noted that continuing the proceedings would be an abuse of the process of law and would not serve any purpose. Therefore, the court allowed the petition and quashed the entire proceedings in C.C.No.2949/2020 against the petitioners. The court also directed that the petitioners be set at liberty and their bail bonds be cancelled.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Compromise - The petitioners sought quashing of proceedings in C.C.No.2949/2020 arising out of Crime No.398/2017 for offences under Sections 114, 143, 147, 148, 323, 324, 354, 427, 448, 504, 506(B) r/w 149 IPC. The parties had settled the dispute amicably. The Court held that since the dispute was personal and the settlement was genuine, continuing proceedings would be an abuse of process of law. The proceedings were quashed to secure the ends of justice. (Paras 1-3)
Issue of Consideration
Whether criminal proceedings for offences under Sections 323, 324, 354, 427, 448, 504, 506(B) r/w 149 IPC can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties.
Final Decision
The petition is allowed. The entire proceedings in C.C.No.2949/2020 (arising out of Crime No.398/2017) of Tavarekere Police Station, pending on the file of C.J.M., Rural Court, Bengaluru, are quashed. The petitioners are set at liberty and their bail bonds are cancelled.
Law Points
- Criminal proceedings can be quashed under Section 482 Cr.P.C. when parties have settled the dispute
- especially when the offences are not heinous and the settlement is genuine and voluntary
- to secure the ends of justice.
