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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.Vishwajith Shetty
Akash S/o Ramanna Bhajagar – Appellant
Versus
State Of Karnataka, Represented By Its State Public Prosecutor – Respondent
ORDER :
S. Vishwajith Shetty, J.
1. These three petitions arise out of a case and counter case between the same parties and therefore they are heard together and disposed of by this common order.
2. Heard the learned counsel for the parties.
3. FIR in crime No.266 of 2023 was registered by Old Hubballi Police Station, Hubli South Sub-Division, Hubballi Dharwad against Krishna Gandagalekar and seven others based on the first information dated 12.12.2023 submitted by Sharanappa Annigeri. After completing investigation in the said case, charge sheet was filed for the offences punishable under Section 34 1, 447, 504, 506 read with Section 34 of the IPC against four persons. The jurisdictional Court, after taking cognizance of the charge sheeted offences, has issued summons to the accused in Crime No.266 of 2023 (C.C. No.3983 of 2024).
4. Aggrieved by the same, accused No.1 in C.C. No.3983 of 2024 is before this Court in Criminal Petition No.101237 of 2024 and accused Nos.2 to 4 are before this Court in Criminal Petition No.102331 of 2024.
5. In respect of the very same incident that had taken place on 09.12.2023, FIR in Crime No.267 of 2023 was registered by the Old Hubballi Police Station,
The court upheld that amicable settlements in compoundable offences allow for the quashing of criminal proceedings when agreed upon by the parties involved, thus promoting justice and resolution of c....
Court allows party-initiated compromise under Section 482 Cr.P.C., quashing IPC charges, emphasizing the futility of trials post-settlement.
The court can permit the compounding of offences under IPC when parties arrive at an amicable settlement.
Mutual compromise between parties allows for quashing of criminal proceedings, affirming that continuation of trials would be an abuse of the legal process when disputes have been amicably resolved.
The court can quash criminal proceedings based on a compromise between parties, emphasizing that such quashing is distinct from compounding offences and is guided by the ends of justice.
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
The High Court can quash criminal proceedings based on a compromise between parties, emphasizing the need to secure justice and prevent abuse of process, even for non-compoundable offences.
The main legal point established in the judgment is the recognition of compromises in criminal disputes, the impact on society, and the applicability of legal provisions such as Section 320 Cr.P.C. a....
Offence can be compounded and quashed where chances of conviction are bleak and remote.
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