Vivek H.K vs State & Others

H.P. Sandesh, J

This petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to issue a writ in the

nature of Certiorari or any other writ or order and quash the entire proceedings in C.C.No.614/2019 on the file of II Additional Judge (Junior Division)

and JMFC Court at Kolar which is arising out of Crime No.31/2019 of Gulpet Police Station for the offence under Sections 504 and 506 of IPC and

issue any other writ or order or direction as deems fit in the facts and circumstances of the case.

The factual matrix of the case is that respondent No.2 had lodged the complaint with respondent No.1 making the allegation against the petitioner

herein that he caused life threat and also abused in a filthy language. Based on the complaint, the police have registered the FIR and investigated the

matter and filed the charge sheet. Hence, the present petition is filed before the Court.

Now the parties have compromised the matter and filed an application under Section 320 read with Section 482 of Cr.P.C. seeking leave of this

Court to permit them to compound the offence and in support of the said application, affidavits are filed by respondent No.2 and the petitioner

separately. Having perused the application and affidavits of the respective parties, the averments made in the application is clear that the matter has

been settled among the parties amicably.

The Apex Court in the case of GIAN SINGH V. STATE OF PUNJAB reported in (2012) 10 SCC 303, held that if the offence alleged is a

matrimonial offence and not affecting the society at large but inter se between the parties, the Court may compound the offences, which have been

invoked against them. In view of the principles laid down in the judgment referred supra, the parties are permitted to compound the offences invoked

against the petitioner herein.

In view of the discussion made above, I pass the following:-

ORDER

(i) The application filed under Section 320 read with Section 482 of Cr.P.C. is allowed.

(ii) Consequently, the petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.614/2019 on the file of II Additional

Judge (Junior Division) and JMFC Court at Kolar (Crime No.31/2019) for the offence punishable under Sections 504 and 506 of IPC are hereby

quashed.