Sri.M.M. Srikanth vs The State Of Karnataka
2021 Latest Caselaw 1508 Kant

                               1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 01ST DAY OF FEBRUARY, 2021

                          BEFORE

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

               CRIMINAL PETITION No.271/2021

BETWEEN:

1.     SRI M.M. SRIKANTH,
       S/O M.N. MAHADEVAPPA,
       AGED ABOUT 42 YEARS.

2.     SRI M.N. MAHADEVAPPA,
       S/O M.B. NANJUNDAIAH,
       AGED ABOUT 73 YEARS.

3.     SOWBHAGYA,
       W/O M.N. MAHADEVAPPA,
       AGED ABOUT 65 YEARS.

4.     SMITHA,
       D/O M.N. MAHADEVAPPA,
       W/O VINAY KUMAR,
       AGED ABOUT 38 YEARS.

       ALL ARE R/AT NO.3480, 15TH CROSS,
       SRIKANTAPURI EXTENSION, NANJANGUD,
       MYSORE TALUK AND DIST 570311.
                                               ...PETITIONERS

           (BY SRI NAVEEN GUDIKOTE. S., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       BY DEVARAJA SUB-DIVISION,
                               2



     WOMEN POLICE STATION,
     MYSORE CITY.
     SPECIAL PUBLIC PROSECUTOR,
     HIGH COURT BUILDING,
     BENGALURU 570001.

2.   M. INDRANI,
     AGED 39 YEARS
     WIFE OF M.M. SRIKANTH,
     D/O C.MAHADEVAIAH,
     R/AT LIG-88, PANCHAMANTRA ROAD,
     KUVEMPU NAGAR, MYSORE 570023.
                                                ...RESPONDENTS

              (BY SRI K.S. ABHIJITH, HCGP FOR R-1,
          SRI MADHUSUDANA K. V., ADVOCATE FOR R-2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED
13.03.2020   IN   C.C.NO.186/2020   AT   ANNEXURE-C   AND
CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS
PENDING ON THE FILE OF IV ADDITIONAL CIVIL JUDGE (SR.DN.)
AND JMFC, MYSURU IN C.C.NO.186/2020 ARISING OUT OF FIR
NO.51/2019.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS 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 charge-sheet dated 13.03.2020 in

C.C.No.186/2020.

2. The factual matrix of the case is that the complaint

was registered against the petitioners at the instance of

respondent No.2 for the offences punishable under Sections

498A, 504 read with Section 34 of IPC and Sections 3 and 4 of

the Dowry Prohibition Act.

3. The learned counsel for the petitioners would submit

that the matter was settled between the parties in

M.F.A.No.7925/2016. The learned counsel would also submit

that applications are filed before this Court under Section 320 of

Cr.P.C. praying this Court to permit them to compound the

offence. In support of the applications, affidavit is filed by the

petitioner.

4. The learned counsel for respondent No.2 also does

not dispute the very fact that the matter was settled in MFA.

The order also discloses that settlement was arrived between the

parties in M.F.A.No.7925/2016. The petitioner No.1 has paid a

sum of Rs.20 lakhs to respondent No.2.

5. Having considered the grounds urged in the

applications and the affidavit and also when there is no dispute

with regard to the settlement arrived between the parties and 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,

when the dispute between the parties is with regard to

matrimonial issues and when the parties have compromised and

in support of the settlement arrived at between the parties,

affidavit is also filed, it is an appropriate case to permit the

parties to compound the offence.

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

following:

ORDER

(i) The applications filed under Section 320 of Cr.P.C. seeking permission to compound the offence, is allowed. Consequently, the petition is allowed.

(ii) The proceedings initiated against the petitioners, is hereby quashed.

Sd/-

JUDGE

MD