Sri Hemanth Rajaghatta J vs State Of Karnataka
2022 Latest Caselaw 1581 Kant

                              1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 2ND DAY OF FEBRUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

              CRIMINAL PETITION NO.804/2022
BETWEEN

SRI HEMANTH RAJAGHATTA J
S/O SRI R M JAGADISH,
AGED ABOUT 38 YEARS,
RESIDING AT NO 1198,
SRI SAI NIVASA, 9TH B CROSS
YELAHANKA NEW TOWN,
BENGALURU - 560 064.                    ... PETITIONER

(BY SRI MOHAN S, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      REPRESENTED BY
      CHANNAMMANA KERI ACHUKATTU POLICE
      NO 106, 3RD MAIN,
      CHANNAMMANA KERI ACHIKATTU
      KATHRIGUPPE EAST, BSK 3RD SSTAGE
      BENGALURU - 560 085
      REP BY STATE P. P.
      HIGH COURT OF KARNATAKA

2.    SMT TEJASWANI M G
      D/O SRI M B GANESH,
      AGED ABOUT 40 YEARS,
      RESIDING AT NO 1066,
      ARELEPETE ROAD, MAGADI TOWN,
      RAMANAGAR DISTRICT - 562 120.
                                         ... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP
 NOTICE TO R2 DISPENSED WITH)
                             2


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE PROCEEDINGS PENDING IN C.C.NO.20941/2014 ON THE
FILE OF THE 2ND A.C.M.M., BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSSION
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:
                         ORDER

Learned High Court Government Pleader takes notice

for respondent No.1

2. This petition is filed by the petitioner under

Section 482 of Cr.P.C. for quashing the proceedings

against the petitioner in C.C.No.20941/2014 pending on

the file of II Additional Chief Metropolitan Magistrate,

Bengaluru, for the offences punishable under Section 498A

of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961

and on the complaint registered by the Channammana

Kere Achukattu police station in Crime No.16/2014.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State. Issuing notice to respondent No.2

is dispensed with.

3. Learned counsel for the petitioner contended that

during the separation of this petitioner and respondent

No.2/complainant, the dispute has been compromised

between the parties before the VI Additional Principal

Family Judge, Bengaluru, in MC.No.3169/2019 and one of

the conditions in the petition is that the respondent

No.2/complainant shall appear before court and withdraw

the criminal case in CC.No.20941/2014 pending on the file

of II Additional Chief Metropolitan Magistrate, Bengaluru,

but due to various reasons she was not able to appear

before the court, hence the petitioner prayed for quashing

the same.

4. Upon hearing the arguments and on perusal of the

records, especially the certified copy of the Compromise

Petition in M.C.No.3169/2019 before the VI Additional

Principal Family Judge, Bengaluru reveals that the terms in

the joint compromise petition in Paragraph 4(d) it reveals

that the respondent No.2 shall withdraw the criminal cases

in CC.No.20941/2014 pending before the II ACMM,

Bengaluru and also in Crl.Misc.No.51/2014 pending on the

file of V Addl. MMTC, Bengaluru and the decree has

attained its finality and was passed on 21.10.2020.

Therefore conducting the trial and keeping criminal

proceedings pending is nothing but abuse of process of law

when the parties have settled dispute between them

amicably. The court does not necessarily insist the

complainant to come before this Court for accepting the

settlement as it is already settled before the competant

Court of Law.

5. In view of the settlement arrived between the

parties and judgment of the Hon'ble Supreme Court in the

case of Gian Singh Vs. State of Punjab and Another

wherein it has been held that in cases where the parties

have settled the dispute between them in respect of a

matrimonial case, the Court can quash the proceedings.

Accordingly, this criminal petition is allowed.

Criminal proceedings against the petitioner in CC

No.20941/2014 pending on the file of II A.C.M.M.,

Bengaluru for the offences punishable under Sections

under Sections 498A of IPC and Section 3 and 4 of Dowry

Prohibition Act, 1961, is hereby quashed.

In view of disposal of the main petition, pending

I.A.No.1/2022 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

AKV