Deepak Kumar. M vs The State Of Karnataka
2021 Latest Caselaw 1731 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 12TH DAY OF MARCH, 2021

                         BEFORE

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

            CRIMINAL PETITION No.1614 OF 2021

BETWEEN:

1.   DEEPAK KUMAR. M
     AGED ABOUT 40 YEARS,
     S/O. LATE MAHADEVASWAMY,

2.   SMT. RATHNAMMA. M
     AGED ABOUT 60 YEARS,
     W/O. LATE MAHADEVASWAMY,

     BOTH R/AT NO.21, II CROSS,
     R.V. SHETTY LAYOUT,
     SESHADRIPURAM,
     BENGALURU-560 020.

3.   SMT. AMBIKA. M
     AGED ABOUT 37 YEARS,
     W/O. HARISH.D,
     R/AT NO.88/2, II BLOCK,
     GANESH MANDIRA ROAD,
     TYAGARAJNAGAR,
     BENGALURU-560 028.

4.   KUM. SHANTHA. M
     AGED ABOUT 45 YEARS,
     D/O. LATE MUNIYAPPA,
     R/AT NO. 21, II CROSS,
     R.V. SHETTY LAYOUT,
                              2



       SESHADRIPURAM,
       BENGALURU-560 020.
                                           ...PETITIONERS
     [BY SRI. M.R.C. MANOHAR, ADVOCATE-(THROUGH V.C.)]

                            AND:

1.     THE STATE OF KARNATAKA
       BY TAVAREKERE POLICE STATION,
       MAGADI TALUK,
       RAMANAGARA DISTRICT,
       REP. BY STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BENGALURU-560 001.

2.     SMT. SINDHU
       AGED ABOUT 24 YEARS,
       W/O. DEEPAK KUMAR,
       R/O. KOLURU COLONY,
       TAVAREKERE HOBLI,
       BENGALURU CITY-560 029.
                                           .....RESPONDENTS
             [BY SRI. MAHESH SHETTY, HCGP FOR R-1
     SRI. BALARAM M L., ADVOCATE FOR R-2-(THROUGH V.C.)]

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE FIR AND COMPLIANT IN
CR.NO.386/2020 REGISTERED BY THE TAVAREKERE POLICE,
MAGADI TALUK, RAMANAGARA DISTRICT FOR THE OFFENCES
P/U/S 498A, 323,504 OF IPC AND SECTIONS 3 AND 4 OF D.P
ACT PENDING ON THE FILES OF THE II ADDITIONAL CIVIL
JUDGE (JR.DN.) AND JMFC, MAGADI, RAMANGARA DISTRICT

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
                                   3



                             ORDER

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash the FIR and complaint in Crime No.386/2020

registered by Tavarekere Police Station, Magadi Taluk,

Ramanagara District, for the offences punishable under Sections

498A, 323, 504 and 506 of IPC and Sections 3 & 4 of the Dowry

Prohibition Act, 1961 ('DP Act' for short) pending on the file of II

Additional Civil Judge (Jr.Dn.) & JMFC., Court, Magadi,

Ramanagara District.

2. The factual matrix of the case is that, respondent

No.2 herein had filed a complaint against these petitioners

making the allegation of subjecting her for cruelty and life threat

and so also dowry has been accepted prior to the marriage and

subsequent to the marriage also they demanded for dowry.

Based on the complaint, the police have registered the FIR for

the above offences.

3. The parties have filed an application along with a

joint affidavit under Section 320 of Cr.P.C, praying this Court to

permit them to compound the offences and in support of the

application, all the parties have signed the application and

amicably settled the dispute between them.

4. The copy of the settlement arrived at between the

parties, which had taken place before the Principal Judge, Family

Court at Bengaluru invoking Section 89 of CPC read with

Sections 24 and 25 of the Karnataka Civil Procedure (Mediation)

Rules, 2005 in M.C.No.624/2021 is produced before this Court,

wherein, both the parties have agreed to separate by themselves

resolving the marriage solemnized on 11.05.2018 and to that

effect, a decree had been passed and a copy of the same is also

produced.

5. In view of the judgment of the Apex Court in GIAN

SINGH v. STATE OF PUNJAB reported in (2012) 10 SCC 303,

if the dispute is with regard to matrimonial offence, such

offences can be compounded with the permission of the Court, if

it is not affecting the society at large and inter se between the

parties. Hence, it is a fit case to invoke Section 482 of Cr.P.C, to

quash the proceedings initiated against the petitioners herein.

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

following:

ORDER

(i) The petition is allowed.

(ii) The application filed under Section 320 of Cr.P.C, is hereby allowed.

(iii) Consequently, the impugned proceedings initiated against the petitioners in Crime No.386/2020 registered at Tavarekere Police Station, Bengaluru, are hereby quashed.

In view of allowing the main petition, I.A.No.1/2021 does

not survive for consideration and the same stands disposed of.

Sd/-

JUDGE

cp*