Shri. G.T. Shanthakumar vs State Of Karnataka
2021 Latest Caselaw 1893 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 15TH DAY OF APRIL, 2021

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.779/2020

BETWEEN:

1.   SHRI. G.T. SHANTHAKUMAR
     SON OF LATE SRI THIPPAIAH SETTY
     AGED ABOUT 56 YEARS,
     RESIDING AT NO.4
     SHANIMAHATHMA TEMPLE ROAD
     CHIKKAGOLLARAHATTI
     MAGADI MAIN ROAD
     BENGALURU-560091

2.   SHRI. G.T. BHADRINATH GUPTHA
     SON OF LATE SRI THIPPAIAH SETTY
     AGED ABOUT 60 YEARS
     RESIDING AT NO.40, BHUVANESHWARINAGAR
     HESARAGHATTA ROAD, NAGASANDRA POST
     NEAR 8TH MILE, T. DASARAHALLI
     BENGALURU-560091

3.   SMT. SATHYA
     DAUGHTER OF LATE SRI THIPPAIAH SETTY
     AGED ABOUT 62 YEARS
     RESIDING AT GUBBI TALUK
     TUMAKURU DISTRICT-572216

4.   SRI PRAKASH C
     SON OF C.M. LAXMIKANTHAIAH
     AGED ABOUT 73 YEARS
     NO.177, 4TH MAIN ROAD
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       MEI LAYOUT, BAGALUGUNTE
       BENGALURU-560057

5.     SRI KANTHA RAJU
       SON OF LATE K.N. SHANKARARAJU SETTY
       AGED ABOUT 55 YEARS
       RESIDING AT CHANDRA STORES (BOOK STORES)
       RAMANAGARAM

6.     SMT. JYOTHI
       DAUGHTER OF LATE SRI THIPPAIAH SETTY
       WIFE OF SRI K.S. KANTHA RAJU
       AGED ABOUT 49 YEARS
       RESIDING AT CHANDRA SOTRES (BOOK STORES)
       RAMANAGARAM

7.     SRI SRIDHAR
       SON OF SRI KRISHNA RAO
       AGED ABOUT 57 YEARS
       RESIDING AT NO.51, 13TH BLOCK
       2ND STAGE, 3RD MAIN, NAGARABHAVI
       BENGALURU-560072.                    ... PETITIONERS

           (BY SMT. GEETHA DEVI M.P., ADVOCATE)
AND:

1.     STATE OF KARNATAKA
       BY BASAVANAGUDI POLICE STATION
       REPRESENTED BY ITS STATION HOUSE OFFICER
       REPRESENTED BY SPP.,
       HIGH COURT OF KARNATAKA
       BENGALURU-560001

2.     SMT. S. GEETHANJALI
       WIFE OF SHRI. SHANTHA KUMAR
       DAUGHTER OF S. SURYANARAYANA SETTY
       AGED ABOUT 42 YEARS
       RESIDING AT NO.101, NEW COLONY
       RAILWAY PARALLEL ROAD
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     RPC LAYOUT, VIJAYANAGAR II STAGE
     BENGALURU-560104                         ... RESPONDENTS

       (BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;
       SRI VENKATESH R. BHAGAT, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE COMPLAINT IN
CR.NO.79/2010 BEFORE THE BASAVANAGUDI WOMEN'S POLICE
STATION IN C.C.NO.21448/2012 ON THE FILE OF II
ADDL.C.M.M., BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash the FIR in Crime No.79/2010 registered at

Basavangudi Women Station, Bengaluru, which is numbered as

C.C.No.21448/2012 pending on the file of II ACMM, Bengaluru

and grant such other relief as this Court deemed fit in the facts

and circumstances of the case.

2. The factual matrix of the case is that, respondent

No.2 had filed a complaint before the police and the police have

registered an FIR, thereafter, investigated the matter and filed

the charge sheet for the offences punishable under Sections

498A, 506, 420 read with Section 34 of IPC and Sections 3 & 4

of the Dowry Prohibition Act, 1961 ('DP Act' for short).

3. Now, the parties have settled the matter amicably

before the Mediation Centre and also filed an application under

Section 320(2) of Cr.P.C, before this Court seeking permission of

this Court to permit them to compound the offences. All the

parties are present before the Court and they have also signed

the application. Apart from that, they have also produced

Annexure 'E'-Memorandum of Settlement under Section 89 of

CPC read with Rules 24 and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2005, wherein, the settlement has been

arrived at between the parties. In terms of the settlement, an

amount of Rs.20,00,000/- to be paid to respondent No.2 herein.

Now, the Pay Order for an amount of Rs.20,00,000/- is given to

respondent No.2 and the same has been acknowledged by

respondent No.2.

4. In terms of Annexure 'E', respondent No.2 also

agreed to assist this Court in quashing of this proceeding in view

of the settlement arrived at between the parties and accordingly

all the parties are before the Court. Though, respondent No.2 is

represented before the Court through her Counsel, she also

present before the Court and acknowledged an amount of

Rs.20,00,000/- for having received. In terms of the settlement,

the Court can permit the parties to compound the offences.

5. In view of the judgment of the Apex Court in GIAN

SINGH v. STATE OF PUNJAB reported in (2012) 10 SCC 303,

if the dispute is matrimonial dispute between the parties, such

offences can be compounded with the permission of the Court, if

it is not affecting the society at large and inter se between the

parties. Hence, it is a fit case to invoke Section 482 of Cr.P.C, to

quash the proceedings initiated against the petitioners herein.

6. In view of the discussions made above, I pass the

following:

ORDER

(i) The petition is allowed.

(ii) The application filed under Section 320(2) of Cr.P.C, is hereby allowed.

(iii) Consequently, an FIR in Crime No.79/2010 registered at Basavangudi Women Station, Bengaluru, which is numbered as C.C.No.21448/2012 pending on the file of II ACMM, Bengaluru, is hereby quashed.

In view of allowing the main petition, I.A., if any, does not

survive for consideration and the same stands disposed of.

Sd/-

JUDGE

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