N R RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arrayed as accused Nos.1 to 4 in C.C.No.32752/2014 registered by Siddapura Police Station for the offence punishable under Sections 323, 326, 504, 506 read with 34 of IPC pending on the file of 2nd Additional Chief Metropolitan Magistrate, Bengaluru, are before this Court for quashing of said proceedings.

(2.) Gist of the prosecution case is that complainant had been called upon to appear before the Joint Commissioner along with N.R.Ramesh (accused No.1), with regard to an enquiry pertaining to a land, which belongs to Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') and pursuant to same, complainant is said to have appeared for enquiry. It is alleged that accused No.1 abused the complainant that he (complainant) along with Sri. R.V. Devaraj, M.L.A. have grabbed State property as well as property belonging to BBMP. It is also alleged that inspite of maintaining peace, accused persons had heaped him (complainant) with abusive language and have kicked him all over body and also kicked to private parts, resulting in injuries being sustained. Said incident is alleged to have taken place in the presence of Joint Commissioner, BBMP, alleging that complainant had suffered injuries to eyes, head and hands. He sought for suitable action being taken. Accordingly, said complaint came to be registered in Cr.No.180/2014 against accused persons for the offences punishable under Sections 506, 504, 323 and 324 r/w 34 of IPC. On completion of investigation, jurisdictional police have also filed charge sheet for the aforesaid offences and also for offence under Section 326 of IPC. Offence alleged against petitioners under Section 324 of IPC was deleted. Hence, petitioners/accused Nos.1 to 4 are before this Court for quashing of said proceedings.

(3.) Today, joint affidavit has been filed by the learned advocates duly signed by petitioners and second respondent5 complainant. It is stated that at the advice of friends, wellwishers and elders and to live in peace and harmony, complainant has agreed to withdraw the compliant and he has no objection for proceedings pending against petitioners being quashed.