The doctrine of parity applies, allowing for the quashing of proceedings against an accused when co-accused have been acquitted on similar charges.

ORDER :

1. In this petition, the petitioner seeks the following reliefs:

"a. Quash the entire proceedings in matter bearing C.C.No.19710/2018 of Sampangi Ramangar Police Station pending in the file of the Hon'ble XLVII Additional Chief Metropolitan Magistrate at Bangalore City as against the petitioner herein; wherein, the petitioner herein is arraigned as accused No.6 for the alleged offences under section 341, 504, 307 read with Section 149 of Indian Penal Code.

b. Pass any such order/s as may be just and necessary in the best interest of justice."

2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.

3. A perusal of the material on record will indicate that the petitioner along with 5 others, is arraigned as accused Nos.1 to 6 in the impugned proceedings in S.C.No.1515/2018 instituted by respondent No.1 pursuant to the complaint given by respondent No.2 for offences punishable under Sections 341 , 504, 307 read With Section 149 of the IPC .

4. Accused No.3 - Ajay approached this Court in Crl.P.No.7217/2025, which was allowed and disposed of vide final order dated 09.06.2025 quashing the impugned proceedings qua the said petitioner - Ajay, accused No.3, by holding as under:

"In this petition, petitioner seeks quashing of the proceedings in C.C.No.19710/2018 arising out of FIR in Crime No.184/2014 registered by the Sampangi Ramanagar Police Station, Bengaluru, pending on the file of VI Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341 , 504, 307 r/w 149 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 – Ajay was arraigned as accused No.3 along with 5 others, who were arraigned as accused Nos.1, 2, 4, 5 and 6 in the charge sheet in C.C.No.19523/2015 pursuant to FIR in Crime No.184/2014. The offences alleged against the petitioner and other accused are under Sections 341 , 504, 307 r/w 149 of IPC .

4. In this context, learned counsel for the petitioner invited my attention to the judgment dated 03.08.2022 passed in S.C.No.1515/2018 as against accused Nos.1, 2 and 5, in order to point out that in view of the acquittal of the aforesaid accused, the petitioner who is accused No.3 in C.C.No.19523/2015, prior to the same being split up, would be entitled to seek parity as held by this Court in the case of Mohan Vs. State of Karnataka and Another, Crl. Pet. No. 5376/2024 dated 19.09.2024, in which it was held that acquittal of co-accused by the Sessions Court would enure to the benefit of the petitioner as under:

“The petitioner - accused No.6 is knocking at the doors of this Court in the subject petition calling in question a split charge sheet drawn against him in S.C.No.96/2022 registered for offences punishable under Sections 399 and 402 of the IPC .

2. Heard Sri. Lakshmikanth K., learned counsel appearing for the petitioner and Smt. Sowmya R., learned HCGP appearing for the respondents.

3. Facts in brief, germane, are as follows:

On the night of 14.02.2015, an alleged incident leads the petitioner along with others for registration of a crime for offences punishable under Sections 399 and 402 of the IPC in Crime No.306/2015. The petitioner is arrayed as accused No.6. The police after investigation file a charge sheet in the said matter and the concerned Court registers S.C.No.423/2015. The petitioner - accused No.6 at the relevant point in time was not available for trial and therefore, the concerned Court tried the other accused and acquitted them on the score that the prosecution has failed to prove the guilt beyond all reaso