Suraj B K vs State Of Karnataka
2021 Latest Caselaw 1557 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 8TH DAY OF FEBRUARY, 2021

                          BEFORE

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

              CRIMINAL PETITION No.7966/2020

BETWEEN:

SURAJ B.K.
S/O. J.B. KARIKERA
AGED 32 YEARS
R/AT NO. 104, 1ST FLOOR
KRISHNA RESIDENCY APARTMENT
NO.148/149, 18TH CROSS
CHBCS LAYOUT, VIJAYANAGAR
BENGALURU-560040
                                               ... PETITIONER

            (BY SRI. KARUMBAIAH T.A., ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       BY VIJAYANAGARA POLICE
       VIJAYANAGARA
       BENGALURU 560040
       REPRESENTED BY SPP
       HIGH COURT OF KARNATAKA
       BENGALURU-560 001.

2.     PRATHIBHA KUMARI NONIA
       W/O. SUJRAJ B.K ,
       R/AT NO. 301, 3RD FLOOR
       SAI YAHVI APARTMENT
       KODIGEHALLI MAIN ROAD
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        NEAR SAI SERNITY APARTMENT
        BENGALURU-560048.
                                                 ... RESPONDENTS

               (BY SRI K.S.ABHIJITH, HCGP FOR R1;
              SRI V.J.BENJAMINE, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH ANNEXURE-F THE ENTIRE
PROCEEDINGS IN C.C.NO.19270/2019 PENDING ON THE FILE
OF THE XXIV ACMM, BENGLAURU FOR THE OFFENCE P/U/S 498A
OF IPC AND SECTIONS 3, 4 AND 6 OF DOWRY PROHIBITION
ACT.

     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 proceedings in C.C.No.19270/2019

pending on the file of XXIV Additional Chief Metropolitan

Magistrate, Bengaluru for the offence punishable under Section

498A and Sections 3, 4 and 6 of the Dowry Prohibition Act,

1991.

2. The factual matrix of the case is that respondent

No.2 herein has filed the complaint, which got registered as PCR

No.8554/2017 and the matter was referred for investigation.

Thereafter, the police after investigation have filed the charge

sheet against this petitioner. Both the petitioner and respondent

No.2 have filed separate application for compounding of the

offences alleged against the petitioner herein on the ground that

the matter has already been amicably settled between them and

consequent upon the settlement, a mutual divorce petition under

Section 13B of the Hindu Marriage Act was filed on the file of II

Additional, Family Court, Bengaluru in M.C.No.4730/2020. Both

the parties on the advice of the well wishers have settled the

matrimonial dispute among themselves and both of them have

reiterated the same in the affidavit. Separate facts are also filed

along with respective applications.

3. Having perused the grounds urged in the affidavit

and application and also considering the factual aspects that

both of them have settled the issues between them and the

appearance of the petitioner before the Court and respondent

No.2 through Video Conference, 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, if the dispute is relating to

matrimonial cases, the offences may be compounded if it is not

affecting the society at large and the same is inter se between

the parties. In view of the principles laid down in the judgment

referred supra, it is a fit case to allow the application which is

filed by both the petitioner as well as respondent No.2.

4. In view of the discussion made above, I pass the

following:-

ORDER

(i) The applications I.As.No.2/2021 and 3/2021 filed by the petitioner as well as respondent No.2 are hereby allowed.

(ii) Consequently, the petition filed by the petitioner herein is allowed and the proceedings initiated against the petitioner herein in C.C.No.19270/2019 on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed.

In view of the disposal of the main petition, I.A.1/2021 for dispensation does not survive for consideration and the same stands disposed of.

Sd/-

JUDGE PYR