Karnataka High Court
Mr. Avula Venkata Kiran vs State By 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.9979 OF 2021
BETWEEN
1. MR. AVULA VENKATA KIRAN
S/O AVULA VENKATESHWARALU
AGED ABOUT 33 YEARS,
2. MR. AVULA VENKATESHWARALU
S/O AVULAKRISHNAIAH
AGED ABOUT 57 YEARS,
3. MRS. AVULALAKSHMI DEVI
W/O AVULA VENKATESHWARALU
AGED ABOUT 54 YEARS,
4. MR. AVULANAGENDRA
S/O AVULA VENKATESHWARALU
AGED ABOUT 30 YEARS,
PETITIONERS-1 TO 4 ARE ALL RESIDING AT
NO.36/208-40-1-3
REDDY COLONY-1 CUDDAPAH
ANDHRA PRADESH -516 002
5. MR. AVULASUBRAMANYAM
S/O KRISHNAIAH
AGED ABOUT 50 YEARS,
R/AT NO.6/538, SHANKARAPURAM
CUDDAPAH, ANDHRA PRADESH -516 002
6. MRS. J.S. SHWETHA
AGED ABOUT 32 YEARS,
2
W/O MR AVULA VENKATA KIRAN
R/AT NO.864 OPP TO ADISHWAR SHOWROOM
CHANNADSANDRA RAJARAJESHWARINAGAR
BANGALORE-560 098
...PETITIONERS
(BY SRI. RAJ PRABHU S, ADVOCATE)
AND
STATE BY
RAJARAJESHWARINAGAR POLICE STATION
BANGALORE
...RESPONDENT
(BY SRI. B J ROHITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
COMPOUND THE OFFENCES AGAINST THE PETIITONER NO.1 TO
5 AND QUASH THE PROCEEDINGS IN CRIME NO.142/2021 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS OF 498-1, 34
OF THE INDIAN PENAL CODE AND SECTION 3 AND 4 OF THE
DOWRY PROHIBITION ACT, 1961 ARRAYING THE 1ST TO 5TH
PETITIONERS AS ACCUSED NO.1 TO 5 WHICH IS PENDING ON
THE FILE OF THE HON'BLE 3RD ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE COURT AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioners under
Section 482 of Cr.P.C. for quashing the criminal
proceedings initiated against the petitioners in
Cr.No.142/2021 registered by the Rajarajeshwarinagar
Police Station, Bengaluru, on the complaint filed by
respondent No.2-Mrs.J.S.Shwetha pending on the file III
ACMM Court, Bengaluru, for the offences punishable under
Sections 498A read with 34 of IPC and Sections 3 and 4 of
the Dowry Prohibition Act, 1961.
2. Learned counsel for the petitioners submits
that an application (I.A.No.1/2022) under Section
320 Cr.P.C. has been filed stating that the petitioners and
respondent No.2 have amicably settled the dispute
between them. Therefore, prayed for quashing of the
criminal proceedings.
3. The submission is placed on record.
4. In view of the amicable settlement 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. Respondent No.2 who is present in person
undertakes to withdraw the complaint given by her against
petitioners-1 to 5. Further, FIR in Cr.No.248/2021 filed
against respondent No.2 and her family members shall
have to be withdrawn by the petitioners as per the terms
of the compromise.
6. Submissions of the learned counsel for the
parties is placed on record.
7. Consequently, the criminal petition is allowed.
The proceedings in Crime No.142/2021 registered by the
Rajarajeshwarinagar Police Station, Bengaluru, for the
offences punishable under Sections 498A read with 34 of
IPC and Sections 3 and 4 of the Dowry Prohibition Act,
1961 pending on the file of III Additional CMM, Bengaluru,
is hereby quashed.
Sd/-
JUDGE
TL
