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2025 Supreme(Online)(KAR) 11885
KARNATAKA HIGH COURT
SHIVASHANKAR AMARANNAVAR, J
N. KRISHNA – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 7049 / 2025
For the Appellants/Petitioners: SRI SANJAY YADAV B
For the Respondents:SRI HARISH GANAPATHI, HCGP FOR R1, SRI KALICHARAN G.R, ADVOCATE FOR R2
Compounding of an offence under Section 420 IPC is permissible with the victim's consent, leading to quashing of proceedings.
Headnote:The application under Section 482 of Cr.P.C seeks to quash the proceedings in C.C.No.27/2024 for an offence under Section 420 of IPC. The petitioner was charged based on a complaint by the second respondent. The court found that the matter was settled between the parties, allowing compounding of the offence. The court determined that the proceedings against the petitioner were to be quashed due to the settlement. The final outcome is that the petition is disposed of.
| Table of Content |
|---|
| 1. application filed to quash proceedings for ipc section 420. (Para 1 , 2) |
| 2. notice accepted; settlement between parties noted. (Para 3 , 4) |
| 3. court quashed proceedings due to compounding. (Para 5 , 6) |
ORAL ORDER
This application is filed by respondent No.1 under Section 482 Cr.P.C praying to quash the entire proceedings in C.C.No.27/2024 pending on the file of the Prl. Senior Civil Judge and JMFC, Madhugiri, registered for offence punishable under Section 420 of Indian Penal Code ("hereinafter referred to as IPC").
2. On the complaint of respondent No.2, case has been registered against unknown persons in Crime No.2/2024 of Madhugiri Police Station for the offence punishable under Section 420 of IPC. The Police, after investigation filed chargesheet against the petitioner for offence punishable under Section 420 of IPC. Upon receipt of the chargesheet, a case came to be registered against the petitioner in C.C.No.27/2024 for offence punishable under Section 420 of IPC which is pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri and the said criminal proceedings are sought to be quashed in the present petition.
3. Learned High Court Government Pleader accepts notice for respondent No.1. Sri. Kalicharan G.R., learned counsel files vakalath for respondent No.2.
4. Application under Section 320 (2) read with Section 482 of Cr.P.C for compounding is filed and it is signed by the petitioner, respondent No.2 and their respective counsels. An affidavit of respondent No.2 is filed. The respondent No.2 submits that she has settled the matter with the petitioner. The same is also stated in her affidavit. The offence punishable under Section 420 of IPC is compoundable with the permission of the Court. Respondent No.2 is a victim. Respondent No.2 submits that she has received cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from the petitioner/accused, as per order of the trial Court.
5. Learned counsel for the petitioner submits that petitioner is not making any claim with regard to the said cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from his possession and released to the respondent No.2.
6. In view of the settlement between respondent No.2 and petitioner, the offence punishable under Section 420 of IPC registered against the petitioner is compounded. In view of compounding the proceedings against the petitioner on C.C.No.27/2024 pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri are quashed.
Accordingly, petition is disposed of
