Vijaykumar vs The State Of Karnataka
2021 Latest Caselaw 1469 Kant

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF JANUARY, 2021

                          BEFORE

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

               CRIMINAL PETITION No.855/2021

BETWEEN:

1.     VIJAYKUMAR,
       S/O LATE B. K. GOWDA,
       AGED ABOUT 29 YEARS,
       R/AT NO.380 F
       DWARAKAWASA ROAD
       BHARATHNAGAR, BEL LAYOUT,
       BYADARAHALLI,
       BENGALURU - 560 091.

2.     SUSHEELAMMA,
       W/O LATE B.K. GOWDA,
       AGED ABOUT 54 YEARS,
       R/O HAROHALLI VILLAGE,
       MAGDI KASABA, MAGADI TQ,
       RAMANAGARA DISTRICT.                ... PETITIONERS

     [BY SMT. KSHAMA NARGUND, ADVOCATE (THROUGH V.C.)]

AND:

1.     THE STATE OF KARNATAKA,
       BY THE SHO VIJAYNAGAR P.S.,
       BENGALURU CITY.
       REPRESENTED BY THE LEARNED SPP
       HIGH COURT OF KARNATAKA.

2.     SOWMYA R.S. KUMAR @ SOWMYA,
       W/O VIJAY KUMAR,
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      C/O R. SHIVKUMAR,
      R/AT NO.1267, 10TH MAIN,
      VIJAYNAGAR,
      BENGALURU - 560 040.                        ... RESPONDENTS

           (BY SMT. NAMITHA MAHESH B.G., HCGP FOR R-1,
                SMT. GEETHA RAJ, ADVOCATE FOR R-2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CR.NO.148/2020 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT AND SECTION
498A READ WITH SECTION 34 OF IPC, PENDING ON THE FILE OF
XXIV ADDITIONAL C.M.M., BENGALURU.

      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 proceedings initiated against the

petitioners for the offences punishable under Sections 3 and 4 of

the Dowry Prohibition Act and Section 498A read with Section 34

of IPC.

2. The factual matrix of the case is that petitioner Nos.1

and 2 are the husband and mother-in-law of respondent No.2

and they subjected respondent No.2 to both mental and physical

harassment and also dowry harassment. Based on the

complaint, case has been registered against these two

petitioners. The petitioner No.1 herein filed an application under

Section 320 of Cr.P.C. seeking permission to compound the

offences. The petitioner No.1 also filed an affidavit in support of

the application. The petitioner No.1 also relied upon the

Memorandum of Settlement under Section 89 of Cr.P.C., which

was entered into in M.C.No.2447/2020 as Annexure-C. In terms

of the settlement, respondent No.2 gave the consent and also

agreed to co-operate for quashing of the proceedings in

paragraph No.10 of the settlement. The learned counsel

appearing for respondent No.2 also does not dispute

Annexure-C.

3. Having perused the grounds urged in the petition

and particularly Annexure-C, the matter has been amicably

settled between the parties on the advice of the well-wishers.

The Apex Court in its judgment in the case of GIAN SINGH v.

STATE OF PUNJAB reported in (2012) 10 SCC 303, has held

that if it is a matrimonial dispute, the Court can permit the

parties to compound the offence and the same is not affecting

the society at large and the dispute is interse between the

parties.

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

following:

ORDER

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

(ii) Consequently, the petition is allowed.

(iii) The proceedings initiated against petitioner Nos.1 and 2, is hereby quashed.

Sd/-

JUDGE

MD