Under the doctrine of parity, proceedings against a co-accused can be quashed when the original case against other co-accused on the same set of facts and evidence has already resulted in acquittal, as further trial would be an abuse of legal process.

THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND CHARGE SHEET REGISTERED BY THE RESPONDENT POLICE AGAINST THIS PETITIONER HEREIN IN CR.NO.7/2018 (IN MAIN CASE S.C.NO.51/2019 C/W S.C.NO.83/2021 AND SC.NO.95/2021) AND IN SPLIT UP CHARGE SHEET IN SC.NO.142/2021, FOR THE OFFENCES P/U/S 143, 147, 120(B), 448, 109, 114, 302 R/W 149 OF IPC PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, D.K DISTRICT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks quashing of the FIR and Charge Sheet in Crime No.7/2018 registered by the respondent – Police (Main S.C.No.51/2019 C/w S.C.No.83/2021 and S.C.No.95/2021) and split up charge sheet in S.C.No.142/2021 on the file of the III Addl. District & Sessions Judge, Mangaluru, for offences punishable under Sections 143, 147, 120(B), 448, 109, 114 and 302 r/w 149 of IPC.

2. Heard learned counsel for the petitioner and 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 is arraigned as accused No.3 in Crime No.7/2018 registered by the respondent – Police, pursuant to the complaint dated 13.01.2018 filed by the complainant for the aforesaid offences. In the complaint and FIR, one Nowshad having been arraigned as accused No.4, approached this Court in Crl.P.No.3504/2024, which was allowed vide order dated 21.02.2025 and proceedings against accused No.4 were quashed by this Court as hereunder:-

“In this petition, petitioner seeks quashing the proceedings in C.C.No.3541/2019 on the file of the JMFC II Court, Mangaluru for the offences punishable under Sections 143, 147, 120B, 448, 109, 114, 302, 212 read with Section 149 of the IPC.

2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner - Nowshad, was arraigned as accused No.4 along with eight others who were arraigned as accused Nos.1, 2, 3, 5, 6, 7, 8 and 9 in the charge sheet pursuant to FIR in Crime No.7/2018, the offence alleged against the petitioner and other accused are under Sections 143, 147, 120B, 448, 109, 114, 302, 212 read with Section 149 of the IPC.

4. In this context, learned counsel for the petitioner invited my attention to the judgment dated 11.12.2023 passed in S.C.No.51/2019 c/w S.C.No.83/2021 and S.C.No.95/2021 as against accused Nos.1, 2, 6, 7 and 9 in order to point out that in view of the acquittal of accused Nos.1, 2, 6, 7 and 9, the petitioner who is accused No.4, prior to 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 Anr.¹Crl.P.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