Puttaswamaiah and Others vs State of Karnataka

G. Narendra, J.—Heard the learned Counsel for both the parties.

I.A. No. 1/2015 is filed by the petitioners in Crl. R.P. No. 485/2012 seeking leave of the Court to compound the offences punishable under Sections 324 and 326 of I.P.C.

Leave granted.

These Criminal Revision Petitions are listed today for Admission. With the consent of the petitioners'' Counsel and the learned SPP, these cases are taken up for final disposal.

The facts of the case are that the petitioners in Crl.R.P. No. 485/2012 and Crl.R.P. No. 467/2012 are related by marriage. It is the case of the prosecution that the accused who are petitioners in Crl. RP. No. 485/2012 have picked up quarrel with CW-1 -Nanjaiah on 19.05.2002 at about 5.30 P.M. and abused in using filthy language and the said Nanjaiah was thereafter assaulted by the accused No. 2 on the head and accused Nos. 3 and 4 have assaulted on the left hand and leg with clubs and accused No. 4 has assaulted CWs 3 and 4 Shivalingaiah and Shivamma who intervened in order to pacify the quarrel. It is the case of the prosecution that accused No. 2 had also assaulted CW2 and CW-2 has sustained injuries. On a complaint by the victims, the jurisdictional Police registered the offences as Crime No. 81/2002.

It is the case of the prosecution in Crl. R.P. No. 467/2012 that, the accused/petitioners had assaulted the victims and on a complaint the same came to be registered in Crime No. 86/2002 before the jurisdictional Police.

Upon trial, the petitioners have suffered an order of conviction at the hands of the Trial Court and the Appellate Court has confirmed the order of conviction. Aggrieved by the same, the petitioners in both the Criminal Revision Petitions are before this Court questioning the correctness and legality of the sentence and fine imposed upon them.

The above matters were listed for Admission on 24.02.2015 and the parties submitted that they are close relatives and residing nearby and owners of lands adjacent to each other properties. It is submitted before the Court that the incident occurred in a fit of rage and it is neither pre-medicated nor motivated. It is further stated that after the incident, there has been an attempt for rapprochements by the elders of the family which bore fruit and the parties are now residing peacefully and are happily interacting with each other and participating in functions and marriages being conducted by the respective families and that the incident has no bearing on the Society at large nor does it affect the social harmony and public peace.

The Counsel for the petitioners have moved an application under Section 320(2). r/w Section 482 of Cr.P.C. praying for compounding of the offences. The Counsel also relied upon a judgment rendered by the Hon''ble Apex Court and reported in Yogendra Yadav Vs. The State of Jharkhand, wherein the Hon''ble Apex Court relying upon the Judgment of the Apex Court rendered in Gian Singh Vs. State of Punjab and Another, has held that the offences which does not involve moral turpitude or are not grave offences like rape, murder, the same could be quashed by invoking the inherent powers vested in the Court for the purpose of maintaining the social harmony, public peace and tranquility. The Hon''ble Apex Court has termed litigation where the parties have reconciled amicably and resolved the dispute as lame prosecution and such a lame prosecution would be waste of time and energy.

In the light of the above Judgment of the Hon''ble Apex Court, the applications for compounding is allowed.

Accordingly, these petitions are allowed. The Judgment dated 25.02.2008 in C.C. No. 218/2003 passed by the Civil Judge (Jr. Dvn.) and J.M.F.C. at Ramanagaram and the Judgment, Order dated 24.03.2012 passed in Crl. Appeal No. 18/2008 on the file of the Presiding Officer, Fast Track Court, Ramanagara and also the judgment dated 26.02.2008 in C.C. No. 906/2002 passed by the J.M.F.C., Ramanagaram confirmed by the Presiding Officer, Fast Track Court at Ramanagaram in Criminal Appeal No. 4/2008 dated 14.03.2012 are hereby set aside. The petitioners are acquitted under Section 320 of Cr.P.C. The bail bonds stand cancelled and the sureties stand discharged. The amount deposited shall be refunded to the petitioners.

IAs in both petitions are ordered accordingly.