This petition under Section 482 of Cr.P.C. is filed by

the petitioners - accused Nos.1, 2, 5 to 10, challenging the

proceedings in C.C.No.774/1996, on the file of the I

Additional Civil Judge (Jr. Dn) and JMFC-I, Vijayapur.

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02. The summary of the charge-sheet is that, the

petitioners – accused herein by forming an unlawful

assembly and holding deadly weapons entered the room of

the complainant and assaulted him and one Anand.

03. Heard the learned counsel for the petitioners –

accused herein and the learned High Court Government

Pleader for the respondent – State.

04. The learned Magistrate after accepting the

charge-sheet took cognizance for the aforesaid offences.

CW.1 the injured witness and the complainant did not

appear before the Trial Court to tender their evidence,

though sufficient opportunity was granted to them. The

Trial Court taking into account of the same, has closed the

side of prosecution to tender the evidence of CW.1. Except

the investigating officer – PW.10, none of the injured –

witnesses have been examined.

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05. The petitioners - accused herein, CW.1 along

with Anand had filed an application under Section 320 of

Cr.P.C. for compounding the offences. However, the said

application came to be rejected on the ground that the

offences alleged are not non-compoundable.

06. The trial commenced in the year 1996 and since

the complainant and the injured witnesses did not subject

themselves to examine and also the accused having

absconded, the trial could not be concluded, at the

earliest. The petitioners – accused herein, CW.1 –

complainant and the injured witness namely Anand had

filed an application for compounding of the offences

stating that they have amicably settled the dispute.

07. In view of the preceding analysis, in my

considered view that, it would be a futile excise, if the

proceeding is continued, since the CW.1 – complainant

and the injured witness have not chosen to appear before

the Trial Court for their examination-in-chief. Hence, the

continuation of the criminal proceedings against the

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petitioners - accused herein, will be an abuse of process of

law. Accordingly, I pass the following;

O R D E R

I.

The Criminal Petition is allowed.

II.

The impugned proceedings in C.C.No.774/1996

on the file of the I Additional Civil Judge (Jr.

Dn)

and

JMFC-1,

Vijayapura,

is

hereby

quashed.

In view disposal of main petition, the pending I.As. if

any do not survive for consideration and hence, they are

disposed of.

Sd/-

JUDGE

KJJ

List No.: 1 Sl No.: 69