Karnataka High Court
Chandan H S vs State Of Karnataka on 15 February, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.1111 OF 2022
CONNECTED WITH
CRIMINAL PETITION No.1116 OF 2022
IN CRIMINAL PETITION No.1111 OF 2022
BETWEEN
CHANDAN H S
S/O SHIVAKUMAR
AGED ABOUT 26 YEARS
R/AT NO.34, 6TH CROSS
CADMET LAYOUT
RMV II STAGE
GEDDALAHALLI
BENGALURU 560 094. ... PETITIONER
(BY SRI SUNIL KUMAR S, ADVOCATE)
AND
1 . STATE OF KARNATAKA
BY VIDYARANYAPURA P S
BENGALURU
(REP BY SPP
HIGH COURT BUILDING COMPLEX
BENGALURU -01)
2 . ROSHINI R ZAVERI
D/O RAKESH ZAVERI
AGED ABOUT 23 YEARS
R/AT NO.126/1
2ND MAIN, 5TH CROSS
CHANDRAPPA LAYOUT
2
VIDYARANYAPURA
BENGALURU 560 097
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
SRI RAKSHITH R., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND
CONSEQUENTLY THE PROCEEDINGS IN S.C.NO.838/2021
(CR.NO.28/2021 OF VIDYARANYAPURA P.S.,) WHICH IS NOW
ON THE FILE OF THE LIII ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCH-54).
IN CRIMINAL PETITION No.1116 OF 2022
BETWEEN
MISS ROSHNI R ZAVERI
AGED 23 YEARS,
R/AT NO.126/1, 2ND MAIN,
5TH CROSS, M.S. PALYA
CHANDRAPPA LAYOUT
VIDYARANYAPURA,
BENGALURU - 560 097. ... PETITIONER
(BY SRI RAKSHITH R, ADVOCATE)
AND
1 . STATE OF KARNATAKA
BY SANJAYNAGAR P.S.
BENGALURU CITY
KARNATAKA
2 . SMT.PANKAJARAJASHEKAR
W/O RAJASHEKAR
AGED 46 YEARS,
R/AT HOUSE NO.34,
6TH CROSS, CADMAT LAYOUT,
3
SANJAY NAGAR, BENGALURU
KARNATAKA - 560 094.
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
SRI SUNIL KUMAR S., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
23.09.2021 PASSED BY THE VIII A.C.M.M., AT BENGALURU IN
C.C.NO.25328/2020 (CR.NO.28/2021) OF THE SANJAY NAGAR
P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 468,
506, 201 OF IPC AND QUASH THE FURTHER PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.25328/2020
(CR.NO.28/2021) PENDING BEFORE THE VIII A.C.M.M., AT
BENGALURU.
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts
notice for respondent No.1-State.
2. Sri Rakshith R, learned counsel filed vakalath
on behalf of respondent No.2 in Crl.P.No.1111/2022.
3. Sri Sunil Kumar S, learned counsel filed
vakalath on behalf of respondent No.2 in
Crl.P.No.1116/2022.
4. Crl.P.No.1111/2022 is filed by the accused-
Chandan H.S. under Section 482 of Cr.P.C for quashing the
criminal proceedings in S.C.No.838/2021 (Crime
No.28/2021) on the file of LIII Additional City Civil and
Sessions Judge, Bengaluru (CCH-54) for the offences
punishable under Sections 376, 417 and 313 of IPC.
5. Crl.P.No.1116/2022 is filed by the petitioner-
accused who is victim in Crl.P.No.1111/2022 under Section
482 of Cr.P.C for quashing the criminal proceedings in
C.C.No.25328/2021 (Crime No.28/2021) registered by
Sanjay Nagar Police Station, Bengaluru for the offences
punishable under Sections 468, 506 and 201 of IPC filed
by the mother of the petitioner-accused in
Crl.P.No.1111/2022.
6. During pendency of this petition, both the
parties have appeared before the Court and filed
I.A.Nos.1/2022 under Section 320 read with Section 482 of
Cr.P.C. in both cases for compounding the offences.
7. Respondent No.2 in Crl.P.No.1111/2022 has
filed a complaint against the petitioner-Chandan H.S for
the offences punishable under Sections 376 and 417 of IPC
as the petitioner is said to be committed rape on her on
the promise of marriage and the mother of the petitioner
and accused have filed complaint against the victim for the
offences punishable under Sections 468, 506 and 201 of
IPC which is nothing but case and counter case filed
between the parties.
8. The counsel for respondent No.2 and
respondent No.2 Crl.P.No.1116/2022 also appeared before
the Court. Victim also present before the Court and
submits that the matter has been amicably settled
between them. In view of the judgment of Hon'ble
Supreme Court in the case of Gian Singh vs. State of
Punjab and Another reported in 2012 CRI.L.J.4934
wherein, it has been held that in cases where the parties
have settled the dispute between them, the Court can
quash the proceedings and this Court in various cases has
also granted permission to quash the criminal proceedings
even the offences under Sections 417 and 376 of IPC is
involved. Even in view of amicable settlement between the
parties and in view of judgment of Honb'le Supreme Court
in the case of Gian Singh stated supra, when the parties
have settled their dispute amicably, the Court can quash
the criminal proceedings. This Court in the case of Ismail
vs. The State of Karnataka and another in
Crl.P.No.2031/2020, dated 11.02.2022 and in the case
of V. Prabhu vs. State of Karnataka and another in
Crl.P.No.8754/2021, dated 19.01.2022 has quashed
the criminal proceedings in similar circumstances.
9. Therefore, in view of the settlement between
the parties, the compromise filed by both the parties in
both the case are accepted and permitted to compound
their offences. Accordingly both the cases are allowed.
10. The criminal proceedings against the parties in
Crl.P.No.1111/2021 in respect of S.C.No.838/2021 (Crime
No.28/2021) pending on the file of LIII Additional City Civil
and Sessions Judge, Bengaluru (CCH-54) for the offence
punishable under Sections 376, 417 and 313 of IPC and in
Crl.P.No.1116/2022 in respect of C.C.No.25328/2021
(Crime No.28/2021) registered by Sanjay Nagar Police
Station, Bengaluru for the offences punishable under
Sections 468, 506, 201 of IPC are hereby quashed.
Sd/-
JUDGE
GBB
