Sanjay Shetty vs The State Of Karnataka
2022 Latest Caselaw 2252 Kant

                              1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF FEBRUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.7636/2021

BETWEEN

SANJAY SHETTY
S/O SEENA SHETTY
AGED ABOUT 46 YEARS,
R/AT NO.4-114
CHURCH COMPOUND
DHARMAGIRI BODANTHILA VILLAGE
MANGALURU TALUK
D K DISTRICT-575028.                   ... PETITIONER

(BY SRI LETHIF B, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY BAJPE POLICE STATION,
      D K DISTRICT
      REPRESENTED BY SPP
      HIGH COURT BUILDING
      BANGALORE-560001

2.    SHARADDHA
      D/O SUKESH CHOWTA
      AGED ABOUT 14 YEARS,
      R/AT NO.313, APARTMENT
      2ND FLOOR, KENJARU VILLAGE
      MANGALURU TALUK
      D K DISTRICT-574 142
      REPRESENTED BY HER MOTHER / NATURAL GUARDIAN
      SMT SHUBHAVANI SHETTY
                                    2


3.   SMT SHUBHAVANI
     W/O SANJAYA SHETTY
     AGED ABOUT 42 YEARS,
     R/AT NO.313, APARTMENT
     2ND FLOOR, KENJARU VILLAGE
     MANGALURU TALUK
     D K DISTRICT-5754142
                                        ... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
 SRI PRATHEEP K.C., ADVOCATE FOR R2 AND R3)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN S.C.NO.137/2019 ON THE FILE
OF THE I ADDITIONAL DISTRICT JUDGE, MANGALORE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 326,307 OF IPC
BAJPE P.S., D.K. DISTRICT WHICH IS PRODUCED AT
ANNEXURE-A.

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

                             ORDER

This petition is filed by the petitioners/accused under

Section 482 for quashing entire proceedings in

S.C.No.137/2019 on the file of the I Additional District

Judge, Mangalore for the offences punishable under

Sections 326, 307 of IPC registered by Bajpe Police

Station, Dakshina Kannada.

2. During the pendency of this petition both the

parties have filed the application under section 482 read

with 320 Cr.P.C along with the joint affidavit for

compounding the offence and are seeking permission of

the Court for quashing criminal proceedings.

3. Learned counsel for the petitioner produced the

documents and submits that the petitioner and respondent

Nos.2 and 3 have compounded the matter before the

Mediation Center in respect of M.C.No.316/2019 before the

Principal Judge, Family Court, Dakshina Kannada,

Mangaluru and one of the conditions in the said

Memorandum of Settlement in M.C.No.316/2019 was that

the respondent wife shall withdraw the criminal

proceedings and complaint filed against the petitioner

which is pending on the file of I Additional District Judge,

Mangalore in S.C.No.137/2019. Hence, Memorandum of

Settlement in M.C.No.316/2019 before the Mediation

Centre, Dakshina Kannada was accepted by the Family

Court and granted decree of divorce as per the prayer

sought by the parties before Family Court.

4. Learned counsel for the petitioner submits that in

view of the amicable settlement between the parties in

M.C.No. 316/2019 and in view of the decree obtained for

divorce by the Family court and responding No.3 being not

interested to prosecute the matter and hence prayed for

quashing the proceedings. Learned counsel for the

petitioner also relied on the judgment passed by the

Hon'ble Supreme Court in Crl.A.No.1489/2012 in

Ramgopal and Anr. Vs. The State of Madhya Pradesh

wherein in para 19 Hon'ble Supreme Court has held that

for the offences punishable under Section 320 court can

quash the proceedings.

In view of the aforementioned judgment produced by

the learned counsel for the petitioner and also in case of

Gian Singh Vs. State of Punjab and Another reported

in (2012) 10 SCC 303 wherein it has been held that in

matrimonial case wherein it has been held that the court

has no hurdle for accepting the compromise for having

compounded the offence by the parties and quash the

criminal proceedings if it is not affecting the interest of the

public at large. In view of the same, the parties have

settled the dispute amicably and therefore I.A.No.2/2021

requires to be allowed. The parties are permitted to

compound the offences. Hence I.A.No.2/2021 is allowed.

Accordingly the petition is allowed. Consequently,

the criminal proceedings against accused person in

S.C.No.137/2019 on the file of the I Additional District

Judge, Mangalore for the offences punishable under

Sections 326, 307 of IPC registered by Bajpe Police

Station, Dakshina Kannada, is hereby quashed.

Sd/-

JUDGE AKV