Mr. Siddeshwara vs State Of Karnataka
2021 Latest Caselaw 1209 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 19TH DAY OF JANUARY, 2021

                          BEFORE

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

              CRIMINAL PETITION No.7295/2020

BETWEEN:

1.     MR. SIDDESHWARA,
       S/O LATE DR. SHIVAPRASAD,
       AGED ABOUT 46 YEARS.

2.     MRS. PRABHAVATHI,
       W/O SUDARSHANA REDDY,
       AGED ABOUT 41 YEARS.

       BOTH ARE R/AT NO.160/A,
       BEHIND SUDHA,
       HOTEL CANTONMENT, LLC COLONY,
       BELLARY - 583 101,
       KARNATAKA.                         ... PETITIONERS

          (BY SRI CHANDRASHEKAR R.P., ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       BY THE POLICE OF
       COWL BAZAR POLICE STATION,
       BELLARY - 583 102.
       KARNATAKA.
       REPRESENTED BY
       THE STATE PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BENGALURU - 560 001.
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2.   MRS. V. RASHMI,
     W/O V. SIDDESHWARA,
     R/AT NO.2020/2, 2ND MAIN,
     2ND CROSS, MCC A BLOCK,
     DAVANGERE - 577 001.                      ... RESPONDENTS

            (BY SRI K.S. ABHIJITH, HCGP ROR R-1,
           SRI C.R. SANDESH, ADVOCATE FOR R-2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AND THE
PROCEEDINGS     IN   CR.NO.50/2016   OF   WOMEN    P.S.,
DAVANAGERE FOR THE ALLEGED OFFENCES         PUNISHABLE
UNDER SECTIONS 498A, 324, 114, 506, 504, 34 OF IPC AND
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT WHICH IS
NOW PENDING IN C.C.NO.319/2020 ON THE FILE OF THE II
ADDITIONAL SR. CIVIL JUDGE AND JMFC, DAVANAGERE.

     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 C.C.No.319/2020 for the offences punishable

under Sections 498A, 324, 114, 504, 506 read with Section 34 of

IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2. The learned counsel for the petitioners submits that

accused Nos.2 and 3 are no more and the case against them has

been abated.

3. The petitioners have filed an application under

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

compound the offences registered against them. Both the

petitioners and respondent No.2 are present and they have filed

the joint affidavit before this Court. Respondent No.2 has

received the demand draft for an amount of Rs.11,52,000/-,

National Savings certificates, bonds and other documents

mentioned in page Nos.6 and 7 of the joint affidavit. It is also

averred that in view of the intervention of the well-wishers, the

matter has been amicably settled. Having taken note of the

offences invoked, it is a matrimonial dispute 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, if it is a

matrimonial offence, the offences can be compounded with the

permission of the Court with regard to matrimonial dispute.

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

following:

ORDER

(i) The petition is allowed.

(ii) The impugned order is quashed against petitioner Nos.1 and 2.

Sd/-

JUDGE

MD