Raghunath @ P. Raghotham vs State By Yashwanthapura
2022 Latest Caselaw 2257 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.1217 OF 2022

BETWEEN


1.     RAGHUNATH @ P. RAGHOTHAM
       S/O LATE PRAHLADACHARYA
       AGED 37 YEARS

2.     SMT. NAGARATHNA
       W/O LATE PRAHLADACHARYA
       AGED 67 YEARS

3.     P. SARVOTHAMA
       S/O LATE PRAHLADACHARYA
       AGED 34 YEARS

4.     SMT. ANJALI
       W/O SARVOTHAM
       AGED 32 YEARS

       ALL ARE RESIDING AT:
       NO. 1294, ESHAVYASA NILAYA
       6TH MAIN ROAD,
       5TH CROSS, K.N. LAYOUT
       YASHWANTHAPURA
       BANGALORE 560 022

                                           ...PETITIONERS

(BY SRI. MANJUNATH B R, ADVOCATE)
                                    2


AND

1.     STATE BY YASHWANTHAPURA
       POLICE BANGALORE CITY
       REPRESENTED BY
       STATE PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA
       BANGALORE - 560 001

2.     SMT. MAITHRI JAGANNATH
       W/O P. RAGHOTHAM
       AGED 34 YEARS
       R/AT NO. 56,
       SRI SRINIVASA NILAYA
       7TH CROSS,
       HARSHA LAYOUT, KENGERI
       BANGALORE - 560 060

                                                         ...RESPONDENTS

(BY SRI. B.J.ROHITH, HCGP FOR R1;
    SRI. MS. R RACHANA BHARADWAJ, ADV FOR R2)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE    ENTIRE    PROCEEDINGS           IN    C.C.NO.5261/2016        OF
YESHWANTHAPURA            POLICE    STATION,           BENGALURU    CITY
REGISTERED      IN    CR.NO.178/2015             FOR    THE   OFFENCES
PUNISHABLE U/S 498(A) R/W 34 OF IPC AND U/S 3 & 4 OF DP
ACT,   PENDING       ON    THE     FILE     OF    XXIV    ADDL.    CHIEF
METROPOLITAN MAGISTRATE AT BANGALORE AGAINST THE
PETITIONERS.


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


                           ORDER

This revision petition is filed by the petitioners under

Section 482 of Cr.P.C. to quash the proceedings in

C.C.No.5261/2016 registered by the Yeshwanthapura

Police pending on the file of XXIV ACMM, Bengaluru, for

the offences punishable under Section 498A r/w 34 of IPC

and under Sections 3 and 4 of Dowry Prohibition Act.

2. Learned counsel for the petitioners would

submit that the parties have settled the dispute in

pursuance of the order passed by the Division Bench of

this Court in MFA No.2558/2019 dated 21.12.2021

wherein divorce has been granted by this Court by mutual

consent arising out of the family dispute from the IV

Additional Prl. Judge, Family Court, Bengaluru.

3. The parties have also filed an affidavit

accompanying the application stating that they have

amicably settled the dispute and pray for quashing the

criminal proceedings.

4. As per the observations made by this Court

and in view of the compromise arrived at between the

parties and as per the judgment of the Hon'ble Supreme

Court in the case of Gian Singh vs State Of Punjab &

Another reported in 2012 Cri.L.J. 4934, where the

parties have settled the dispute between themselves in

respect of a matrimonial case, the Court can quash the

proceedings if it does not affect the interest of the public at

large. Hence, I.A.No.1/2022 is allowed.

5. Consequently, the criminal petition is allowed.

The proceedings in C.C.No.5261/2016 registered by the

Yeshwanthapura Police pending on the file of XXIV ACMM,

Bengaluru, for the offences punishable under Section

498A r/w 34 of IPC and under Sections 3 and 4 of Dowry

Prohibition Act is hereby quashed.

Sd/-

JUDGE

TL