Citation : 2022 Latest Caselaw 2460 Kant
Judgement Date : 15 February, 2022
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.7928 OF 2021
BETWEEN
1 . YATHEESHA N G
S/O GANGADHARAIAH S
AGED ABOUT 33 YEARS
2 . GANGADHARAIAH S
S/O LATE SIDDAPPA
AGED ABOUT 65 YEARS
3 . SMT SHASHIKALA
W/O GANGADHARAIAH S
AGED ABOUT 55 YEARS
4 . SHRUTHI N G
W/O ANIL KUMAR
AGED ABOUT 29 YEARS
ALL ARE R/O NADIHALLI
BANDIHALLI POST
NITTUR HOBLI, GUBBI TALUK
TUMKUR - 572223
... PETITIONERS
(BY SRI NATARAJU T, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BAGALAGUNTE POLICE
BENGALURU
REPTD BY SPP,
2
HIGH COURT BUILDING
BENGALURU - 560 001.
2. KAVYASHRI
W/O YATHISH N G
AGED ABOUT 28 YEARS
D/O MANJUNATH K S
R/AT NO.10, ANAPURNESHWARI NILAYA
VISHWESHWARAIAH LAYOUT
BAGALAGUNTE
BENGALURU - 560073
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
SRI GANESH BHAT Y.H., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE FIR NO.169/2020 REGISTERED
BY THE 1ST RESPONDENT POLICE WHICH IS PENDING BEFORE
THE 31ST A.C.M.M., AT BENGALURU FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A,506,506B READ WITH
SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT
AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.1
to 4 under Section 482 of Cr.P.C for quashing the criminal
proceedings against the petitioners in C.C.No.28442/2021
pending on the file of 31st ACMM, Bengaluru for the
offence punishable under Sections 498A, 506, 506(B) read
with Section 34 of IPC.
2. During pendency of this petition, both
petitioners and respondent No.2 have filed a joint
compromise application on I.A.No.1/2022 under Section
320 read with Section 482 of Cr.P.C. for compounding the
offences.
3. Petitioners and respondent No.2 appeared
before the Court along with their counsels.
4. Respondent No.2 has filed an affidavit
admitting the compromise and also stated that she has
already received permanent alimony from the petitioner in
M.C.2930/2021.
5. Learned counsel for respondent No.2 submits
that he has no objection to allow the petition.
6. The report of Mediation Centre is also produced
before the Court.
7. In view of judgment of the Hon'ble Supreme
Court in the case of Gian Singh vs. State of Punjab and
Another reported in 2012 CRI.L.J.4934, when the
parties settled their dispute, the Court can quash the
criminal proceedings.
8. In view of settlement between the parties,
I.A.No.1/2022 is allowed.
9. Accordingly, the criminal petition is allowed.
10. The proceedings against the petitioners in
C.C.No.28442/2021 pending on the file of 31st ACMM,
Bengaluru is hereby quashed.
Sd/-
JUDGE
GBB
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