Sri Dananjaya vs State Of Karnataka
2022 Latest Caselaw 2886 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF FEBRUARY, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

              CRIMINAL PETITION NO.1487/2022
                     CONNECTED WITH
              CRIMINAL PETITION NO.1547/2022

IN CRIMINAL PETITION NO.1487/2022

BETWEEN

1 . SRI DANANJAYA
    S/O K R CHANDRU
    AGED ABOUT 30 YEARS,

2 . SMT UMA
    W/O K R CHANDRAPPA,
    AGED ABOUT YEARS,

3 . SRI CHANDRAPPA K R
    AGED ABOUT YEARS,

     ALL ARE RESIDING AT
     KOTE B M ROAD, KUNIGAL TOWN
     TUMAKURU 572 130.
                                           ... PETITIONERS
(BY SRI RAGHAVENDRA GOWDA K, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY KUNIGAL POLICE STATION,
      REP BY ITS STATE PUBLIC PROSECUTOR
      HIGH COURT COMPLEX,
      BENGALURU 560001
                               2


2.    SMT INDU M
      W/O DANANJAYA,
      D/O MAHADEVAGOWDA
      AGED ABOUT 25 YEARS,
      RESIDING AT NO 2,
      6TH MAIN H V R LAYOUT
      MAGADI MAIN ROAD,
      BENGALURU 560040
                                       ... RESPONDENTS
(BY SRI MOHAN KUMAR D., ADVOCATE FOR R2,
 SRI B.J. ROHITH, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE FIR IN CR.NO.49/2022 AGAINST THE RESPONDENT
KUNIGAL POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498(A), 504, 506, 323, 324, 34 OF IPC AND
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON
THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., KUNIGAL,
TUMAKURU.

IN CRIMINAL PETITION NO.1547/2022

BETWEEN

SRI DANANJAYA
S/O K R CHANDRU
AGED ABOUT 30 YEARS,
RESIDING AT KOTE,
B M ROAD, KUNIGAL TOWN
TUMAKURU 572 130.
                                           ... PETITIONER
(BY SRI RAGHAVENDRA GOWDA K, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY KUNIGAL POLICE STATION,
      REP BY ITS STATE PUBLIC PROSECUTOR
      HIGH COURT COMPLEX,
      BENGALURU 560001
                              3


2.   SMT INDU M
     W/O DANANJAYA,
     D/O MAHADEVAGOWDA
     AGED ABOUT 25 YEARS,
     RESIDING AT NO 2,
     6TH MAIN H V R LAYOUT
     MAGADI MAIN ROAD,
     BENGALURU 560040
                                       ... RESPONDENTS
(BY SRI MOHAN KUMAR D., ADVOCATE FOR R2,
 SRI B.J. ROHITH, HCGP FOR R1)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE ENTIRE PROCEEDINGS INITIATED BY THE LEARNED
METROPOLITAN MAGISTRATE TRAFFIC COURT-V BENGALURU
IN CRL.MISC.NO.174/2021.

      THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Crl.P.No.1487/2020 is filed by the learned counsel

for the petitioners under Section 482 of Cr.P.C for

quashing FIR in Crime No.49/2022 registered by the

Kunigal Police Station, Tumkur for the offences punishable

under Sections 498(A), 504, 506, 323, 324, 34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, pending on the

file of Principal Civil Judge and J.M.F.C., Kunigal, Tumakuru

District.

Crl.P.No.1547/2020 is filed under Section 482 of

Cr.P.C by the same petitioner (petitioner No.1 in

Crl.P.No.1489/2020) for quashing Crl.Misc.No.174/2021

filed under Section 12 of Protection of Women from

Domestic Violence Act, 2005 pending on the file of

Metropolitan Magistrate Traffic Court-V, Bengaluru.

3. During the pendency of these petitions, both

learned counsel for petitioners and learned counsel for

respondent No.2 and learned HCGP appeared along with

their parties and filed compromise application.

Respondent No.2 and applicants have filed joint

compromise application together under Section 320 read

with 482 of Cr.P.C and as per the terms of the

compromise, petitioner has agreed to pay Rs.8 Lakhs to

the respondent towards permanent alimony out of which

Rs.2 lakhs already paid through cash and today Rs.6 lakhs

by Demand Draft in the presence of their counsels and the

receipt of the same acknowledged by respondent

No.2/defacto complainant herein and the said submission

is placed on record. In Crl.P.No.1547/2020 both the

parties have filed joint memo for compounding the offence.

The same terms are mentioned in this memo regarding the

receipt of Rs.8 lakhs by the respondent.

4. In view of the settlement arrived between the

parties and submission made by the learned counsel for

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 husband and wife

have settled the dispute between them, the Court can

quash the criminal proceedings in view of the settlement

between the parties if it is not affecting the interest of the

public at large.

In view of the compromise, the parties have settled

the dispute amicably and therefore the application filed by

the petition in first case i.e., Crl.P.No.1487/2020 is allowed

and consequently criminal proceedings against the

petitioners in Crime No.49/2022 registered by the Kunigal

Police Station, Tumkuru, for the offences punishable under

Sections 498(A), 504, 506, 323, 324, 34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, pending on the

file of Principal Civil Judge and JMFC, Kunigal, Tumkur

district, is hereby quashed.

The Crl.P.No.1547/2020 is also allowed. The criminal

proceedings against the petitioner in Crl.Misc.No.174/2021

filed under Section 12 of Protection of Women and

Domestic Violence Act, 2005 pending on the file of

Metropolitan Magistrate Traffic Court-V, Bengaluru, also is

hereby quashed.

Sd/-

JUDGE

AKV