1. Cross-criminal proceedings for offences under Sections 354A, 504, 506, 509 IPC — Mutual compromise. (Para 1 )
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2026 Supreme(Online)(Kar) 54136
THE HIGH COURT OF KARNATAKA
H.P. Sandesh, J
K. S. Prasad – Appellant
Versus
State of Karnataka – Respondent
CRIMINAL PETITION NO. 6047 OF 2019|CRIMINAL PETITION NO. 7459 OF 2019
Important Points
The High Court may quash criminal proceedings under Section 482 Cr.PC when parties reach an amicable settlement and the invoked offences are compoundable, effectively extinguishing the litigation based on mutual consent and apology.
Subject
Criminal Law - Quashing of Proceedings
Act Referred
Headnote
(A) Criminal Jurisdiction - Quashing of Proceedings - Amicable Settlement - Where parties to cross-complaints have filed a joint memo expressing a desire to settle disputes and have withdrawn allegations, the Court may exercise its inherent powers to quash proceedings, especially when the offences are compoundable in nature. (Para 4)
Issues: Whether the criminal proceedings can be quashed on the basis of an amicable settlement and joint memo between the parties.
Issues: Whether the criminal proceedings can be quashed on the basis of an amicable settlement and joint memo between the parties.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: B Ramesh, B N Suresh Babu
For the Respondents: Suhas Gowda M., B N Suresh Babu, B. Ramesh
For the Appellants/Petitioners: B Ramesh, B N Suresh Babu
For the Respondents: Suhas Gowda M., B N Suresh Babu, B. Ramesh
Table of Contents
2. Parties filed joint memo seeking quashing of proceedings based on amicable settlement. (Para 1 , 2 )
3. Both sets of offences are compoundable in nature, and parties have compounded them. (Para 4 )
4. Compoundable offences may be quashed upon mutual compromise between the parties. (Para 4 )
5. Petitions allowed; criminal proceedings in both cases quashed. (Para 4 )
6. Can criminal proceedings for compoundable offences be quashed upon a joint memo of compromise?
Yes, if all offences invoked are compoundable in nature, the court may quash proceedings upon the parties compounding them via a joint memo. (Para 4 )
7. What is the effect of an unconditional apology in a criminal compromise?
Tendering an unconditional apology, as recorded in the joint memo, forms part of the settlement and supports quashing of proceedings. (Para 2 , 4 )
IN CRL.P No. 6047/2019
BETWEEN:
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
DR. K. S. PRASAD
S/O SIDDEGOWDA
AGED ABOUT 61 YEARS,
FORMER PRINCIPAL
VISHWESHWARAPURA COLLEGE OF SCIENCE,
K R ROAD
BENGALURU-560004
AT PRESENT R/AT
"PRASHASHA" Y H KOPPAL ROAD,
KYATHANAHALLI (POST)
PANDAVAPURA TALUK
MANDYA DISTRICT-571427
...PETITIONER
(BY SRI. B RAMESH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
VISHWESHWARAPURAM POLICE
BENGALURU CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560001
2. DR C E THRIVENI
H.O.D,
DEPARTMENT OF ZOOLOGY
V V PURAM
COLLEGE OF SCIENCE,
K R ROAD,
BENGALURU-560004
...RESPONDENTS
(BY SRI. SUHAS GOWDA M., HCGP FOR R1
SRI. B N SURESH BABU, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ALL THE PROCEEDINGS IN C.C.NO.12206/2018 FOR THE OFFENCE P/U/S.354-A,509,504 OF IPC ON THE FILE OF THE XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY VIDE ANNEXURE-A.
IN CRL.P NO. 7459/2019
BETWEEN:
SMT. C.E. THRIVENI
W/O SRI SRIDHAR K GOWDA
AGED ABOUT 46 YEARS
R/AT NO 185/F,
1ST MAIN ROAD,
2ND FLOOR, KALABHAIRAVESHWARA NILAYA
NEAR MUNESWARA TEMPLE
GIRINAGAR, BENGALURU- 560085
...PETITIONER
(BY SRI. B N SURESH BABU, ADVOCATE)
AND:
1. STATE BY V. V. PURAM POLICE
REP. BY LEARNED PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560001
2. DR K S PRASAD
S/O SRI SIDDEGOWDA
AGED ABOUT 61 YEARS
PRESENTLY
R/AT NO 2 D BLOCK,
SHANTHINIKETHANA LAYOUT
VYSYA BANK COLONY
ARAKERE, BANNERGHATTA ROAD,
BENGALURU - 560076
AND ALSO
PRINCIPAL,
VISHWESHWARAPURA SCIENCE COLLEGE,
KRISHNARAJENDRA ROAD,
BENGALURU - 04
...RESPONDENTS
(BY SRI. SUHAS GOWDA M., HCGP FOR R1
SRI. B. RAMESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST HER IN C.C.NO.24461/2018 (PCR NO.5321/2018) WHICH IS PENDING BEFORE THE XXIV ADDL.C.M.M., BENGALURU.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Both the parties are present before the Court and have also filed a joint memo. The offences invoked in both the cases are under Sections 504, 506, 354A, 504 and 509 of the IPC respectively against them. With the intervention of well-wishers as well as elders of both families, the parties have amicably come forward to settle both the petitions. In view of the same, the petitioners, who are complainants, have withdrawn the allegations made against each other and have no objection to dispose of both the petitions.
2. It is also stated in paragraph No.4 of the joint memo that the petitioner in Crl.P.No.6047/2019 has tendered an unconditional apology to Smt. C.E.Thriveni, who is the petitioner in Crl.P.No.7459/2019. Both the parties have agreed that they will not initiate any further proceedings against each other in future in respect of the present incident.
3. The joint memo is taken on record.
4. In view of filing of this joint memo, and also considering that the offences which have been invoked against each other are compoundable in nature, and in view of the compounding of the same, both the petitions are allowed and the criminal proceedings initiated against the respective parties in both the cases are quashed.
