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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.Krishna Kumar
Firoz Pasha @ Fairoz Pasha, S/O Syed Jalal – Appellant
Versus
State Of Karnataka, By J.C. Nagar Police Station – Respondent
| Table of Content |
|---|
| 1. petitioner's background and charges. (Para 1 , 3) |
| 2. court's analysis on co-accused acquittal. (Para 2 , 6) |
| 3. argument for acquittal based on co-accused's status. (Para 4 , 5) |
ORDER :
S.R.Krishna Kumar, J.
In this petition, petitioner seeks quashing the proceedings in C.C.No.10993/2024 arising out of FIR in Crime No.74/2018 registered by J.C.Nagar Police Station, Bengaluru, pending on the file of VIII Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Section 498(A) , 420 and 417 of IPC .
2. Heard learned counsel for the petitioner and learned HCGP for the respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner-Firoz Pasha @ Fairoz Pasha was arraigned as accused N.4 along with 5 others, who were arraigned as accused Nos.1 to 3 and 5 & 6 in the charge sheet in C.C.No.7809/2019 pursuant to FIR in Crime No.74/2018. The offences alleged against the petitioner and other accused are under Sections 498(A) , 420 and 417 of IPC .
4. In this context, learned counsel for the petitioner invited my attention to the judgment dated 01.08.2024 passed in C.C.No.7809/2019 as against accus
The acquittal of co-accused leads to the quashing of proceedings against a petitioner when the charges are identical and no independent evidence supports further prosecution.
The acquittal of co-accused on similar charges allows for quashing proceedings against the petitioner due to the lack of independent evidence, promoting judicial efficiency.
The acquittal of co-accused on similar charges entitles the petitioner to quash proceedings against him due to the principle of parity, necessitating a lack of independent evidence.
The acquittal of co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.
The doctrine of parity applies, allowing for the quashing of proceedings against an accused when co-accused have been acquitted on similar charges.
In the absence of independent evidence against an accused where co-accused have been acquitted, proceedings should be quashed to uphold judicial efficiency.
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
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