Bhimashankar Irappa Badiger vs Ramachandra Yallappa Bisanal

B. Sreenivase Gowda, J.—The petitioner has preferred this petition under Section 482 of the Cr.P.C. seeking to quash the entire proceedings in PC No. 4/2015 pending on the file of the Prl. Senior Civil Judge and JMFC, Jamkhandi, which came to be registered as Crime No. 11/2016 pending on the file of the Police Station, Jamakhandi Circle, Jamankahd.

Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No. 6. Perused the private complaint, the Order Sheet maintained in P.C.No.4/2015, the decree passed in O.S.No. 180/2015 by the Court of Civil Judge & JMFC, Banahatti and the Mei no filed by the petitioner in PC.No.4/2015.

The learned Counsel for the petitioner submits, the petitioner has filed a private complaint in PC No. 4/15 against respondents 1 to 5 under Section 200 of Cr.P.C. before the Principal Senior Civil Judge and JMFC, Jamkhandi, and subsequent to filing of said private complaint the petitioner and the first respondent got their dispute resolved amicably and accordingly the suit in O.S.No. 180/15 filed by the first respondent herein against the petitioner was decreed in terms of the compromise. Therefore, the petitioner has filed a Memo in PC No. 4/15 before the Principal Senior Civil Judge and JMFC, Jamkhandi. praying the Court to dismiss the private complaint as not pressed. His grievance is, the learned Magistrate has not been passing any order on the Memo. Therefore, he prays for allowing this petition by quashing the entire proceedings in PC No. 4/15 pending on tire file of the Principal Senior Civil Judge and JMFC'', Jamkhandi.

Learned HCGP appearing f or respondent No. 6/police going through the order sheet maintained in PC No. 4/15 submits that whenever a person files a private complaint under Section 200 of Cr.P.C. before the jurisdictional Magistrate, the learned Magistrate can either take cognizance of the offence by himself or if he wants to call for a report from the jurisdictional police, on the complaint he can refer the complaint to the jurisdictional police under Section 156(3), and ask them to investigate the complaint and submit their final report, but he cannot refer the complaint to the police officer with his designation as per the law laid down by this Court and, reported in 1999 Cri LJ 53 and 2001 Cri. LJ 968.

He submits, in the instant case, the learned Magistrate has referred the complaint to the Circle Inspector of Police which is contrary to the decision of this Court cited supra and therefore, he submits the petition may be disposed of by directing the learned Principal Senior Civil Judge and JMFC, Jamkhandi, to dispose of the Memo in accordance with law.

Facts leading to this case are as under:

The petitioner filed a private complaint against the respondents 1 to 5 before the learned Principal Senior Civil Judge and JMFC, Jamkhandi, under Section 200 of Cr.P.C. praying the Court to take cognizance of the offences punishable under Sections 177, 420, 465, 468, 471 and 506 read with Section 149 of IPC and to punish the accused persons in accordance with law. The learned Principal Senior Civil Judge and JMFC, Jamkhandi, instead of referring the complaint to the Officer-in-charge of Jamakhandi Police Station for investigation referred the complaint to the Circle Inspector of Police, which is contrary to the judgments of this Court reported in 1999 Cri LJ 53 and 2001 Cri LJ 968.

Be that as it may, subsequent to filing of the private complaint by the petitioner against the respondents 1 to 5 the petitioner and the first respondent got their disputes resolved amicably by way of entering into a compromise under Order 23, Rule 3 of C.P.C. in O.S.No. 180/2015 filed by the first respondent against the petitioner in the Court of Civil Judge, Banahatti and the suit came to be decreed in terms of the compromise. Therefore, under the above circumstances, the petitioner has filed a Memo in PC No. 4/15 praying the Court of the Principal Senior Civil Judge & JMFC, Jamakhandi, to close the private complaint as not pressed. As the petitioner and the first respondent got their dispute resolved by entering into compromise in the suit O.S.No. 180/2015 filed by the first respondent against: the petitioner and respondents 2 to 5 are impleaded as accused in view of differences arose between the petitioner and the first respondent, there is no impediment in law to allow this petition and quash the proceedings of PC No. 4/15 pending on the file of the Principal Senior Civil Judge and JMFC, Jamkhandi, registered as Crime No. 11/2016 on the filed of Police Station, Jamakhandi Circle, Jamakhandi, as there is no point in continuing the proceedings.

Hence the following order:

ORDER

The petition is allowed. The entire proceedings of PC No. 4/15 pending on the file of Principal Senior Civil Judge and JMFC, Jamkhandi, and Crime No. 11/2016 pending on the file of the Police Station, Jamakhandi Circle, Jamakhandi, are hereby quashed.