Karnataka High Court
Hemanth Naidu S vs The State Of Karnataka on 11 February, 2022
Bench: K.Natarajan
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.7562/2021
BETWEEN
1 . HEMANTH NAIDU S
S/O SRINIVASA NAIDU
AGED 30 YEARS,
R/AT MADIKERI TALUK
SUBHAS NAGARA,
KANTHUR MURNAD
KODAGU-571252
2 . SRINIVASA NAIDU T N
S/O LATE NARAYANASWAMY
AGED 61 YEARS,
R/AT FMKMC SENIOR COLLEOGE,
MADIKERI, KODAGU-571 201
3 . T.K.PUSHPALATHA
W/O SRINIVASA NAIDU T N
AGED 61 YEARS,
R/AT KANTHUR, MURNADU VILLAGE,
MADIKERI TALUK
KODAGU-571 252.
4 . SURESH NAIDU T N
S/O LATE NARAYANASWAMY
AGED 55 YEARS,
R/AT GANDHINAGARA,
MADIKER TALUK
MURNAD, KANTHUR
KODAGU-571 252.
2
5 . RAMESH NAIDU T N
S/O LATE NARAYANASWAMY
AGED 59 YEARS,
R/AT GANDHINAGARA,
MADIKER TALUK
MURNAD, KANTHUR
KODAGU-571 252.
... PETITIONERS
(BY SRI PRATEEK H C, ADVOCATE)
AND
1 . THE STATE OF KARNTAKA
THROUGH SIRA POLICE STATION
SIRA TALUK, TUMKURU DISTRICT
TUMKURU-572 137
REP BY THE SPP OFFICE,
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2 . DIVYA PREETHI S
D/O SRI.S.N.SRI RANGAPPA
AGED 26 YEARS,
BANNI NAGAR, SIRA
TUMAKURU-572 137
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
SRI KUMAR, FOR
SRI ANANDA H.J., ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE COMPLAINT AND FIR DATED 22.06.2021 IN
CR.NO.170/2021, REGISTERED BY THE RESPONDENT POLICE
PRODUCED AS ANNEXURE-A AND B PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE (SR.DN.) AND C.J.M., SIRA,
TUMAKURU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
This petition is filed by the petitioners/accused Nos.1
to 5, under Section 482 for quashing the complaint and
FIR dated 22.6.2021 in Crime No.170/2021 registered by
Sira Police Station, Sira Taluk, Tumkur and pending on the
file of the Principal Civil Judge (Sr.Dn.) and CJM Court,
Sira, Tumkur District for the offences punishable under
Sections 323, 498A, 504, 506, 114 and 34 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners
and learned HCGP for the respondent No.1-State.
Respondent No.2 appeared through video conference.
3. During the pendency of this petition, both the
parties, the petitioners and respondent No.2, came before
the Court and have filed joint compromise application
under section 320 of Cr.P.C seeking permission of this
Court for compounding the offence as they have settled
the dispute and consequently quashing the FIR filed
against the petitioner Nos.1 to 5, are present along with
counsel and respondent No.2 also present along with
counsel.
4. Learned counsel for the petitioners submits that
the matter has been settled between the parties before the
Mediation Centre in M.C.No.4080/2021 on the file of V
Additional Principal Judge, Family Court, Bengaluru and the
parties have come forward for compounding the offence
and in view of the settlement arrived between the parties
and in view of judgment of Hon'ble Supreme Court in Gian
Singh Vs. State of Punjab and Another reported in
(2012) 10 SCC 303 wherein it has been held that in
matrimonial case wherein the parties have settled the
dispute between them, the Court can 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.1/2022 requires to
be allowed. The parties are permitted to compound the
offences. Hence I.A.No.1/2022 is allowed.
Consequently the petition is allowed.
The criminal proceeding against the petitioner in
Crime No.170/2021 registered by Sira Police Station, Sira
Taluk, Tumkur and pending on the file of the Principal Civil
Judge (Sr.Dn.) and CJM Court, Sira, Tumkur District for
the offences punishable under Sections 323, 498A, 504,
506, 114 and 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, is hereby quashed.
Sd/-
JUDGE
AKV
