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2017 DIGILAW 289 (KAR)

POLICE SUBINSPECTOR HIREHADAGALI POLICE STATION v. LAKKANAGOUDARA KALLAPPA S/O HANUMANTHAPPA

2017-02-03

K.N.PHANEENDRA

body2017
ORDER Heard the learned Additional Government Advocate appearing for the respondent-State. The respondents though served, have remained unrepresented. 2. This petition is filed seeking to quash the order dated 18.11.2014 in C.C. No.447/2013 passed by Civil Judge & JMFC, Hadagali, Bellari, District in recording the compromise between some of the parties to the proceedings for the offences punishable under Sections 143, 147, 323, 504, 506 r/w Section 149 of IPC. 3. The learned Additional Government Advocate strenuously contends that the offences punishable under Sections 143, 147 and 506 of IPC are non-compoundable in nature and the trial court has not considered about its jurisdiction to record the compounding and to permit the parties to compromise sofar as non-compoundable offences are concerned. Secondly, the learned counsel contended that, sofar as offences under Section 323, 504, 506 of IPC are concerned, the persons who are injured and intimidated are the proper persons to compound the offences. Hear in this case, CW.2-Lakkanagoudara Dyamavva W/o. Shekappa has neither filed any compromise petition with the accused nor she was present before the court at the time of compromise before the court. The court without hearing injured, has recorded the compromise, which is also illegal. 4. On careful perusal of the records, it is seen that the Hirehadagali Police have filed the charge sheet against the accused persons viz., the respondents in C.C. No.447/2013 on the file of Civil Judge & JMFC, Hadagali, Bellari District, for the offences under Sections 143, 147, 323, 504, 506 r/w 149 of IPC. The records also disclose that accused persons and one CW1 Lakkanagoudra Shekappa have filed the compromise petition U/s. 320(1)(2) of Cr.PC. The said compromise petition filed bears the signature of CW1 Lakkanagoudar Shekappa on one side and the accused persons on the other side. The court recorded the compromise and allowed the parties to compound the offences and acquitted the accused under Section 320(8) of Cr.PC. There is nothing in the order passed by the trial court to show that under what provision of law the court gets jurisdiction to compound the offences under Sections 143 and 147 of IPC. The court without applying its judicious mind, sofar as this aspect is concerned, has erroneously directed the parties to compound the offences, which is illegal and incurable in nature. 5. The court without applying its judicious mind, sofar as this aspect is concerned, has erroneously directed the parties to compound the offences, which is illegal and incurable in nature. 5. Further, added to above, the offences under sections 506, 504 & 323 of IPC were alleged have been committed not only against CW.1, but also against CW.2Smt. Lakkanagoudara Dyamavva W/o. CW.1Shekappa. The charge sheet averments clearly disclose that all the accused persons have assaulted CW.2Lakkanagoudara Dyamavva and pulled her hair, dragged her and also threatened her with consequences of killing her. Even accepting that the offences under Sections 323, 504 and 506 of IPC are compoundable in nature, but, under Sections 320(1) & (2) of Cr.PC, the injured must be called to the court, as the injured and the person intimidated under Section 506 of IPC are the proper persons to compound the offences. 6. Looking to the above circumstances, the order of the trial court permitting the parties to compound the offences is illegal and against to Section 320(1) & (2) of Cr.PC. Therefore, the order is liable to be set aside. Hence, the following order: ORDER The impugned order in C.C. No.447/2013, dated 18.11.2014 passed by the Civil Judge & JMFC, Hadagali, in permitting the CW.1 and the accused persons to compound the offences under Sections 143, 147, 323, 504, 506 r/w 149 of IPC is hereby quashed. C.C. No. 447/2013 is stands remitted to the trial court with a direction to the trial court to proceed with the case in accordance with law after securing the presence of the accused. With the above observation, the petition stands disposed of. Office to send a copy of this order to the jurisdictional Court for proceedings.