Sudhakar Tenkoni vs State Of Karnataka
2021 Latest Caselaw 1903 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF APRIL, 2021

                          BEFORE

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

              CRIMINAL PETITION NO.7708/2020

BETWEEN:

1.   SUDHAKAR TENKONI,
     S/O T. CHINNABBA,
     AGED ABOUT 32 YEARS.

2.   T. CHINNABBA,
     S/O LATE VENKATAPPA,
     AGED ABOUT 76 YEARS.

3.   SMT. PAPAMMA,
     W/O T. CHINNABBA,
     AGED ABOUT 61 YEARS.

     PETITIONER NOS.1 TO 3 ARE R/AT 2-90,
     KALIKIRI VADLA VILLAGE, C.R. KANDIGA,
     PENAMOORU MANDALA, CHITTOORU DISTRICT,
     ANDHRA PRADESHA.

4.   SMT. RAMADEVI,
     W/O PRASAD,
     AGED ABOUT 35 YEARS.

5.   SRI PRASAD,
     S/O RAMANA,
     AGED ABOUT 43 YEARS.

     PETITIONER NOS.4 AND 5 ARE
     RESIDING AT NO.19-7-100/E4,
     R.C. ROAD, GOPALARAJA COLONY,
     THIRUPATHI TOWN,
     CHITTOORU DISTRICT,
     ANDHRA PRADESH-517001.                   ... PETITIONERS

                (BY SRI SHIVANNA, ADVOCATE)
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AND:

1.     STATE OF KARNATAKA,
       BOMMANAHALLI POLICE STATION,
       BENGALURU-560068.
       REP. BY PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BENGALURU-560 001.

2.     SMT. RAJANI,
       W/O T. SUDHAKAR,
       D/O B. YAGAVAIAH,
       AGED ABOUT 30 YEARS,
       R/AT 19/1, 2ND 'A' MAIN,
       GURUMURTHY LAYOUT,
       HONGASANDRA, BOMMANAHALLI,
       BENGALURU-560068.                        ... RESPONDENTS

               (BY SRI SHOWRI H.R., HCGP FOR R-1;
                 SRI TEJAS H., ADVOCATE FOR R-2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT AT
ANNEXURE-A REGISTERED BY THE 1ST RESPONDENT POLICE I.E.,
BOMMANAHALLI P.S., BENGALURU ON THE FILE OF THE CMM,
BENGALURU IN CR.NO.3/2018.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION 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 and complaint at Annexure-A in

Crime No.3/2018 on the file of the Chief Metropolitan Magistrate,

Bengaluru for the offences punishable under Section 498A read

with Section 34 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act.

2. The factual matrix of the case is that respondent

No.2 herein had lodged a complaint dated 06.01.2018 with

respondent No.1. The police have registered the case and

issued the FIR. The allegation made against the petitioners

herein is that they have subjected her for cruelty and also for

dowry harassment.

3. Now the parties have filed an application under

Section 320(1) of Cr.P.C. praying this Court to permit them to

compound the offences as they have settled the matter amicably

before the Mediation Centre and got the divorce from the

Principal Senior Civil Judge at Chittor on 29.12.2020. The

petitioner No.1 has paid an amount of Rs.15,00,000/- to

respondent No.2 towards permanent alimony in HMOP

No.69/2020. In support of the application, joint affidavit is also

sworn to by the parties and apart from that they have also filed

the joint memo, certified copy of the divorce and copy of the

agreement/settlement arrived between the parties before the

Principal Senior Civil Judge, Chittor. The respondent No.2 has

also filed a separate affidavit in this regard.

4. The learned counsel for respondent No.2 does not

dispute the fact that respondent No.2 has received an amount of

Rs.15,00,000/- towards permanent alimony and also granting of

divorce.

5. The parties are present before the Court. Having

taken note of the settlement arrived between the parties and as

the dispute is interse between the parties and not against the

Society at large, the Court can permit the parties to compound

the offence in view of the judgment of the Apex Court in the

case of GIAN SINGH v. STATE OF PUNJAB reported in

(2012) 10 SCC 303.

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

following:

ORDER

(i) The application filed under Section 320(1) of Cr.P.C. is allowed.

(ii) Consequently, the petition is allowed.

(iii) The proceedings initiated against the petitioners in Crime No.3/2018 is hereby quashed.

Sd/-

JUDGE

MD