Facts
Two connected petitions under Section 482 of the Code of Criminal Procedure sought to quash criminal proceedings arising from cross-cases between residents of the same apartment building. Crl.P. No. 2012/2021 challenged proceedings in C.C. No. 55342/2020, while Crl.P. No. 5488/2022 challenged proceedings in C.C. No. 55341/2020. Both cases concerned alleged offences under Sections 323, 354, 504 and 506 of the Indian Penal Code.
Source reference: pp. 2–4The parties appeared before the Court and filed joint compromise affidavits, stating that they withdrew their allegations and sought to end the proceedings.
Source reference: pp. 5–7Issues
1. Whether the criminal proceedings in C.C. No. 55342/2020 should be quashed in light of the parties’ compromise.
Source reference: pp. 5–62. Whether the criminal proceedings in C.C. No. 55341/2020 should be quashed in light of the parties’ compromise.
Source reference: pp. 6–7Law Applied
The Court considered the compromise affidavits filed under Section 320 Cr.P.C. and relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303.
Source reference: pp. 5–7It stated that where the offences are not against society at large and the dispute is inter se between the parties, the proceedings may be brought to an end on settlement.
Source reference: pp. 5–7The petitions were brought under Section 482 Cr.P.C., which empowers the High Court to exercise its inherent jurisdiction to quash proceedings.
Source reference: pp. 2–4, 5–7Reasoning
The Court accepted the parties’ joint affidavits and noted their agreement to withdraw the allegations and terminate both prosecutions.
Source reference: pp. 5–7Treating the disputes as inter se and not offences against society at large, it applied the principle in Gian Singh and concluded that the settlements justified quashing the proceedings.
Source reference: pp. 5–7Holding
The Court allowed both criminal petitions.
It quashed all further proceedings against the respective petitioners in C.C. No. 55342/2020 and C.C. No. 55341/2020 for the alleged offences under Sections 323, 354, 504 and 506 IPC.
Source reference: pp. 5–7Acts & Sections Cited
6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19732
Indian Penal Code, 18604
Original Court PDF
MR. AYAZ HUSSAINvsSTATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
