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CRL.P No. 6227 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JULY, 2022

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 6227 OF 2022

BETWEEN:

1.

SRI MOHAMMED ARMAN

S/O AKTHAR ALI

AGED ABOUT 19 YEARS

RESIDING AT NO.65

DAMAD HOUSE KHAZI MOHALLA

UTTARA KANNADA DISTRICT

MURUDESHWAR 3 581 320.

2.

SRI ABDUL HALEEM SADAN GOWDA

S/O ZUFIKAR ALI GOWDA

AGED ABOUT 20 YEARS

RESIDING AT NO.278,

6^TH CROSS SIDDIQ NAGAR,

MYSURU 3 570 015.

3.

SRI MOHAMMED SANAN

S/O SHAKEEL SHARIFF AHMED

AGED ABOUT 19 YEARS

RESIDING AT NO.57

ISAQUE MANZIL FAROOQI STREET,

UTTARA KANNADA

BHATKAL TOWN 3 581 320.

4.

SRI MOHAMMED IFTHESHAM

S/O MOHAMMED MEER

AGED ABOUT 22 YEARS

RESIDING AT NO.278,

Digitally signed

by PADMAVATHI

B K

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 6227 of 2022

OPPOSITE TO BEACH KHAZI MOHALLA

UTTARA KANNADA DISTRICT

MURUDESHWAR 3 581 350.

&PETITIONERS

(BY SRI KALEEM SABIR, ADVOCATE)

AND:

1.

STATE OF KARNATAKA BY

NARASIMHARAJA POLICE,

MYSURU 3 570 007

(REPRESENTED BY

STATE PUBLIC PROSECUTOR)

HIGH COURT OF KARNATAKA.

2.

SRI SAQEEF TEHNAN MANNA

S/O ZAKIR HUSSAIN MANNA

AGED ABOUT 25 YEARS

RESIDING AT NO.5/ 9^TH CROSS

SIDDIQ NAGARA, BANNIMANTAPA,

MYSURU CITY 3 570 0715.

&RESPONDENTS

(BY SRI K.S.ABHIJITH, HCGP FOR R1;

SRI FARHAN BASHA QUAZI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED

AGAINST THEM IN C.C.NO.3436/2018 ON THE FILE OF THE

HONBLE III ADDL.1 CIVIL JUDGE (JR.DN) AND J.M.F.C COURT,

JLB ROAD, MYSORE CITY, WHICH IS ARISING OUT OF

CR.NO.38/2018 OF NARASIMHARAJA P.S., MYSURU CITY

REGISTERED FOR THE OFFENCE P/U/S 380, 109, 414 OF IPC

AS AN ABUSE OF PROCESS OF LAW.

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CRL.P No. 6227 of 2022

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed calling in question the proceedings in

C.C.No.3436/2018 for the offences punishable under Sections

380, 109 and 414 of the IPC pending before the III Additional I

Civil Judge (Jr.Dn.) and JMFC, Mysuru.

2. The parties to the lis have entered into a settlement

and have filed a joint affidavit duly sworn by the respective

parties along with the application under Section 320 r/w

Section 482 of the Cr.P.C. seeking to compound the offences

alleged against the petitioners. The relevant portion of the

application reads as follows:

<5. It now submitted that the petitioners and second

respondent have mutually agreed to compromise the

offences alleged in the charge sheet in C.C.No.3436/2018,

on the file of the Hon9ble III Additional 1 Civil Judge (Jr.Dn.)

and JMFC Court, JLB Road, Mysore city. The respondent

without any condition of his own accord has come forward

to compound the offences alleged against the petitioner.

Consequently, the second respondent is consenting for

quashing of the proceedings against the petitioner in

C.C.No.3436/2018, on the file of the Hon9ble III Additional

1 Civil Judge (Jr.Dn.) and JMFC Court, JLB Road, Mysore

City for offences under Sections 380, 109, 414 of IPC. To

secure the ends of justice.

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CRL.P No. 6227 of 2022

3. Learned counsel for the petitioners places reliance

upon the judgment of the Apex Court in the case of

RAMGOPAL V. STATE OF MADHYA PRADESH reported in

AIR ONLINE 2021 SC 1356 wherein the Apex Court considers

the closure of the proceedings accepting an application seeking

compounding of the offence under Section 320 of the Cr.P.C. in

cases where the offence alleged would not be compoundable.

4. The case at hand concerns the offence punishable

under Section 380 of the IPC. Though Section 380 of the IPC is

punishable with 7 years of imprisonment, the alleged theft

having happened between the members of the family and in

the light of the compromise arrived at between the parties as

af