Case Note & Summary
The petitioners, five individuals, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in CC No. 897/2013 pending before the Court of JMFC (III), Mysore, arising out of Crime No. 150/2013 of Saraswathipuram Police Station. The charges were for offences punishable under Sections 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) read with Section 149 (unlawful assembly) of the Indian Penal Code, 1860 (IPC). The dispute originated from a complaint filed by the second respondent, Sri P. Rajappa, against the petitioners. During the pendency of the petition, the parties informed the court that they had amicably settled the dispute. The High Court, after hearing the counsel for the petitioners and the government pleader for the first respondent-State, and perusing the records including the complaint, FIR, charge sheet, and statements, noted that the dispute was essentially private in nature and that the settlement was genuine. The court observed that continuing the proceedings would be an abuse of the process of court and that the ends of justice would be served by quashing the proceedings. Accordingly, the court allowed the petition and quashed the entire proceedings in CC No. 897/2013, including the charge sheet filed by the police.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compounding of Non-Compoundable Offences - The High Court, in exercise of its inherent powers under Section 482 CrPC, quashed proceedings for offences under Sections 323, 504, 506 read with 149 IPC where the parties had settled the dispute amicably, as the continuance of proceedings would be an abuse of process of court. (Paras 1-4)
B) Indian Penal Code - Assault and Criminal Intimidation - Sections 323, 504, 506 read with 149 IPC - Settlement - The court held that where the dispute is essentially private in nature and the parties have resolved their differences, the High Court can quash proceedings even for non-compoundable offences to secure the ends of justice. (Paras 2-4)
Issue of Consideration
Whether criminal proceedings for offences under Sections 323, 504, 506 read with 149 IPC can be quashed under Section 482 CrPC when the parties have settled the dispute amicably.
Final Decision
The petition is allowed. The entire proceedings in CC No. 897/2013 pending on the file of JMFC (III), Mysore, arising out of Crime No. 150/2013 of Saraswathipuram Police Station, including the charge sheet, are quashed.
Law Points
- Compounding of non-compoundable offences
- Section 482 CrPC
- quashing of criminal proceedings
- settlement between parties
- matrimonial disputes
- inherent powers of High Court
Case Details
2014 LawText (KAR) (03) 40
Criminal Petition No. 1199/2014
S.S. Koti, V.S. Kumbar (for petitioners), B.J. Eshwarappa (HCGP for R1)
Sri T Nagaraju, Nagachar, Kumar, Rangappa H.R., Cheluvachar
The State of Karnataka, Sri P. Rajappa
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in a private complaint case for offences under Sections 323, 504, 506 read with 149 IPC.
Remedy Sought
The petitioners sought quashing of the proceedings in CC No. 897/2013 pending before JMFC (III), Mysore, and acquittal from the alleged offences.
Filing Reason
The petitioners were aggrieved by the initiation of criminal proceedings against them based on a complaint filed by the second respondent.
Previous Decisions
The matter was pending as CC No. 897/2013 before JMFC (III), Mysore, arising out of Crime No. 150/2013 of Saraswathipuram Police Station.
Issues
Whether the criminal proceedings for offences under Sections 323, 504, 506 read with 149 IPC can be quashed under Section 482 CrPC when the parties have settled the dispute amicably.
Submissions/Arguments
The petitioners' counsel argued that the parties had amicably settled the dispute and that continuing the proceedings would be an abuse of the process of court.
The government pleader for the first respondent-State did not oppose the quashing in light of the settlement.
Ratio Decidendi
The High Court, in exercise of its inherent powers under Section 482 CrPC, can quash criminal proceedings for non-compoundable offences where the parties have amicably settled the dispute, as the continuance of such proceedings would be an abuse of the process of court and would not serve the ends of justice.
Judgment Excerpts
This petition which is filed seeking quashing of the proceedings pending in CC.No.897/2013 on the file of Court of JMFC (III), Mysore, arising out of Crime No.150/2013 of Saraswathipuram Police Station for offences punishable under Sections 323, 504, 506 r/w 149 of IPC, has come up this day for admission.
Heard the counsel for petitioners as well as Government Pleader on behalf of respondent regarding admission.
Perused the grounds of petition as well as the order sheet maintained in CC.No.897/2013 on the file of Court of JMFC (III), Mysore, complaint, FIR, charge sheet, statements of witnesses and other records.
In the circumstances, the petition is allowed. The entire proceedings in CC.No.897/2013 pending on the file of JMFC (III), Mysore, arising out of Crime No.150/2013 of Saraswathipuram Police Station, including the charge sheet, are quashed.
Procedural History
The petitioners filed Criminal Petition No. 1199/2014 under Section 482 CrPC before the High Court of Karnataka at Bangalore seeking quashing of proceedings in CC No. 897/2013 pending before JMFC (III), Mysore, which arose out of Crime No. 150/2013 registered at Saraswathipuram Police Station for offences under Sections 323, 504, 506 read with 149 IPC. The petition was heard on 1st March 2014, and the court allowed the petition, quashing the proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 323, 504, 506, 149
