Sri Tarun Panwar @ Tarun vs The State Of Karnataka
2022 Latest Caselaw 3337 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.7704/2021

BETWEEN

SRI TARUN PANWAR @ TARUN
S/O SRI VIRENDER
AGED ABOUT 33 YEARS,
R/AT NO.832, 8TH A MAIN ROAD
22ND CROSS, HSR LAYOUT,
BENGALURU-560102

PRESENTLY RESIDING AT
V O P ISMAILA 11-B
NEAR POST OFFICE,
TEHSIL SAMPLA
DISTRICT ROHTAK
HARYANA-124501.                            ... PETITIONER

(BY SRI ABHISHEK PANDEY, ADVOCATE)

AND

1.     THE STATE OF KARNATAKA
       HSR LAYOUT P S
       REP BY SPECIAL PUBLIC PROSECUTOR
       HIGH COURT BUILDING
       BENGALURU-560001.

2.     SMT POOJA
       D/O SRI RISHI OM
       AGED ABOUT 32 YEARS,
       R/AT NO.832, 8TH MAIN ROAD,
       22ND CROSS, HSR LAYOUT
       BENGALURU-560102
                                  2



     PRESENTLY R/AT NO.33B
     BALMIKI PANNA
     NEAR LAXMI MODEL SCHOOL,
     VILLAGE MITRAON NAJAFGARH
     NEW DELHI-110043
                                              ... RESPONDENTS
(BY SRI B.J. ROHITH., HCGP FOR R1
SRI.ARUN DHIMAN, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE    COMPLAINT    DATED   16.10.2019   AND    FIR  IN
CR.NO.330/2019 UNDER SEC.506, 498A, 323 OF IPC, AND
ALSO THE PROCEEDINGS IN C.C.NO.1421/2021 (ARISING IN
CR.NO.330/2017) PENDING ON THE FILE OF THE 37TH
A.C.M.M., AT BENGALURU.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

This petition is filed by the petitioner-accused under

Section 482 of Cr.P.C., for quashing the criminal

proceedings in C.C.No.1421/2021 arising in Crime

No.330/2017 pending on the file of the 37th A.C.M.M.,

Bengaluru, for the offences punishable under Sections 506,

498A and 323 of IPC.

2. Heard the learned counsel for the petitioner

and learned HCGP for the respondent No.1-State. Learned

counsel for respondent No.2 appeared through video

conference along with their counsel.

3. The parties have appeared through VC along with

their counsel and submits the matter has been settled and

as per the terms of Memorandum of Understanding. The

marriage was being dissolved by the Family Court under

Section 13 (B) (1) of Hindu Marriage Act, 1955, filed by

the parties. The respondent Nos.2 submits she has

received the two installments of Rs.4.50 lakhs each and

today, the petitioner handing the balance amount to the

respondent No.2, by way of Demand Draft and the same is

received and acknowledged by respondent No.2 who

appeared along with the counsel through video conference.

The said submission is placed on record.

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 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. The parties are permitted to

compound the offences.

Consequently the petition is allowed.

The criminal proceeding against the petitioner in

C.C.No.1421/2021 arising out of Crime No.330/2017

pending on the file of the 37th A.C.M.M., Bengaluru, for

the offences punishable under Sections 506, 498A and

323 of IPC, is hereby quashed

Sd/-

JUDGE AKV