Praveen Manohar Kutino v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.4914 OF 2019 BETWEEN:

PRAVEEN MANOHAR KUTINO S/O VELRIYAN KUTINO AGED ABOUT 39 YEARS, OCC: CONTRACTOR, R/AT NO.-2-165, TODARU PALKEY HOUSE, TODARU VILLAGE AND POST, MOODABIDRE, MANGALORE TALUK - 574 227.

…PETITIONER (BY SRI DINESHKUMAR RAO K., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE MOODABIDRE POLICE STATION, MANGALORE-574 227 (REP BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

¶2MARIA GRETA PINTO D/O WILFRED KUTINO AGED ABOUT 36 YEARS, R/O AT MARVIL VILLA BAREBAILU MANE, HOSABETTU VILLAGE AND POST, MOODABIDRE, MANGALORE TALUK - 574 227.

…RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; SRI N.M.BHAT, ADVOCATE FOR R2)

by ANUSHA V Location: High Court of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.235/2019 (CHARGE SHEETED FOR THE OFFENCES UNDER SECTIONS 504,324 OF IPC) PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Challenging proceedings in CC no.235/2019 on file of Civil Judge and J.M.F.C., Moodbidri for offences punishable under Sections 504 and 324 of Indian Penal Code, 1860 (IPC), this petition is filed.

¶2Sri Dineshkumar Rao K., learned counsel for petitioner as well as Sri N.M. Bhat, learned counsel for respondent no.2 submit that during pendency of petition, parties i.e. petitioner and respondent no.2 - complainant have settled their dispute and an application under Section 320 (2) and (8) read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) is filed for compounding.

¶3Terms of application reads as under: "APPLICATION UNDER SECTIONS 320(2) AND (8) R/W 482 of CR.P.C,FOR COMPOUNDING. The Petitioner most humbly submit as follows:

¶1That on a complaint filed by one Smt. Maria gratta pinto, respondent no.2 on 15/11/2018, the PSI of Moodabidre Police Station, Mangaluru, registered a case in Crime.No.358/2018 for offence punishable under Sections 504, 324, 354 of IPC against petitioner.

¶2It is humbly submitted by Petitioner is nowhere concerned to the alleged incident and petitioner deny the entire case of prosecution. Further complainant/ respondent no.2 submits that she has no grievance against petitioner and as such she does not intend to proceed with the case as against petitioner and they have no dispute between themselves and they have settled their dispute amicably.

¶3It is submitted that in the facts and circumstances, the Respondent no. 2 does not intend to proceed with the case against the Petitioner and she voluntarily without any undue influence as decided not to proceed with criminal case against the Petitioner. That in view of the facts and circumstances Respondent no. 2 does not intend to proceed with the Criminal case and prays that this Hon'ble High Court may be pleased to permit the parties to compound and quash the proceedings as against Petitioner. Prayer It is therefore prayed that this Hon'ble High Court may be pleased to permit Petitioner and Respondent no.2 to compound the offences and quash the Criminal Proceedings against the Petitioner in CC.No.235/2019, pending on the file of Civil Judge and JMFC Moodbidri., (registered for offence punishable under sections 504, 324, 354 of IPC, in the interest of justice."

¶4Parties are present and are identified by their respective counsel.

¶5And on interaction, respondent no.2 - complainant has affirmed contents of application and joint affidavit is filed, which reads as follows: "JOINT AFFIDAVIT

HEREIN WE, Praveen Manohar Kutino S/o Velriyan Kuutinoh, aged about 46 years, Occ: Contractor, R/at No-2-165, Todaru palkey house, todaru village and post, Moodabidre, Mangalore taluk-574227 and Maria greta pinto, D/o Vilfred Kuttinoh, agef about 36years, R/at Mervil villa, barebailu mane, Hosabettu village and post, Moodbidre, Mangalore taluk-574227, today at Bengaluru, do hereby state on solemnly affirmation on oath state as follows.

¶1That we are the respondent no.2 and petitioner in the above Criminal petition and we know the facts of the case, Hence, we are swearing to this affidavit.

¶2We state that the contents in the accompanying application of compromise/ compounding of offence at Para 1 to 3 are true and correct to the best of our knowledge, belief and information and we believe them to be true and correct. This is our name and signature and contents stated above are true to the best of our knowledge, information and belief and our believe them to be true and correct."

¶6It is seen that this petition is filed challenging entire proceedings in CC no.235/2019 pending on file of Civil Judge and J.M.F.C., Moodbidri for offences punishable under Sections 504 and 324 of IPC. Perusal of charge sheet reveals

that incident arose out of civil transaction between parties and is purely inter-parte.

¶7Counsel for parties submitted that there were no serious injuries and complaint was filed in spur of moment and subsequently parties have agreed to settle their dispute and give quietus to proceedings.

¶8Since incident does not have societal implication and appears to be purely inter-parte and since parties have agreed to settle dispute, possibility of conviction in matter would be bleak and continuation of prosecution would be futile. Therefore, not only on ground of preventing abuse of process of Court but also to secure ends of justice, petition is allowed, proceedings in CC no.235/2019 on file of Civil Judge and J.M.F.C., Moodbidri for offences punishable under Sections 504 and 324 of IPC stand quashed. Sd/- (RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 25