Karnataka High Court
Sri Krishnananda B vs State Of Karnataka on 25 February, 2022
Bench: K.Natarajan
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.7154 OF 2021
BETWEEN
1. SRI KRISHNANANDA B
AGED ABOUT 37 YEARS
S/O LATE BASAVAIAH C
PRESENT ADDRESS:
NO.268 12TH CROSS
4TH MAIN, CAVERIPURA
KAMAKASHIPALYA
BENGALURU - 560079.
2. SMT. REKHA
AGED ABOUT 32 YEARS
W/O VIJAYKUMAR
PRESENTLY RESIDING AT
4TH MAIN, KAVERIPURA
KAMAKSHIPALYA
BENGALURU - 560 079.
3. SRI GANGAVENKATAIAH
AGED ABOUT 37 YEARS
S/O VENKATASWAMAIAH
PRESENTLY R/AT NO.261/22
OPP EBINISER SCHOOL, BINNEMANGALA
KUVEMPUNAGARA,
BENGALURU RURAL DISTRICT.
4. SRI VIJAYAKUMAR
AGED ABOUT 41 YEARS
S/O LATE BASAVAIAH C
NO 268, 12TH CROSS
4TH MAIN, CAVERIPURA
2
KAMAKASHIPALYA
BENGALURU - 560 079.
5. SMT. VARALAKSHMI
AGED ABOUT 39 YEARS
W/O GANGAVENKATAIAH
NO.261/22, OPP. EBINISER SCHOOL
BINNEMANGALA, KUVEMPUNAGARA
BENGALURU RURAL DISTRICT.
6. SMT. GANGALAKSHMAMMA
AGED ABOUT 64 YEARS
W/O LATE BASAVAIAH
NO.268, 12TH CROSS,
4TH MAIN, CAVERIPURA
KAMAKASHIPALYA
BENGALURU - 560 079.
7. SRI SRINIVASA
AGED ABOUT 61 YEARS
S/O LATE DASAPPA
NO.31, OPP BWSSB QUARTERS
PIPELINE, MAGADI MAIN ROAD
TAVEREKERE,
BANGALORE SOUTH TALUK
BENGALURU - 562 130.
8. SRI DEVARAJU
AGED ABOUT 55 YEARS
S/O LATE DASAPPA
NO. 31, OPP BWSSB QUARTERS
PIPELINE, MAGADI MAIN ROAD
TAVEREKERE, BANGALORE SOUTH TALUK
BENGALURU - 562 130.
... PETITIONERS
(BY SRI K.J. JAGADEESHA, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY BYDARAHALLI POLICE STATION
REP BY SPP, HIGH COURT BUILDING
BENGALURU - 01
3
2. SMT. POOJA
AGED ABOUT 30 YEARS
W/O KRISHNANDA
PRESENTLY R/AT
NO.134, FLAT NO. 202
2ND FLOOR, DX MAX SILVER,
BEL APARTMENT
KEMPEGOWDANAGARA
BENGALURU NORTH TALUK
BENGALURU - 560 091
OLD ADDRESS
NO.52, 5TH CORSS,
THUNGA NAGAR,
MAGADI MAIN ROAD,
BENGALURU.
... RESPONDENTS
(BY SRI K.RAVISHANKARA, ADVOCATE )
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONERS IN C.C.NO.10622/2018 ON THE
FILE OF C.J.M., BENGALURU RURAL DISTRICT, BENGALURU FOR
THE ALLEGED OFFENCE P/U/S 498(A), 504, 506 OF IPC AND
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused Nos.1
to 8 under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.10622/2018 pending on the file of
Chief Judicial Magistrate, Bengaluru Rural District,
Bengaluru in Crime No.391/2017 registered by
Byadarahalli Police Station, Ramanagara for the offences
punishable under Sections 498A, 504 and 507 of Indian
Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of
the Dowry Prohibition Act, 1961 (for short 'D.P. Act').
2. During the pendency of the petition, learned
counsel for the petitioners and respondent No.2 appeared
before the Court and filed I.A.No.1/2022 under Section
320 read with Section 482 of Cr.P.C. seeking permission of
the Court for compounding the offences and along with the
application, I.A.No.2/2022 is also filed for the production
of documents.
3. The same are taken on record.
4. As per the terms of the compromise, petitioner
No.1 has agreed to pay Rs.9,00,000/- to respondent No.2,
out of which Rs.4,00,000/- has already paid before the
Family Court, Bengaluru and remaining amount of
Rs.5,00,000/- has been paid today by way of Demand
Draft in the open Court and the same is received and
acknowledged by respondent No.2.
5. In view of the 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
wherein, it has been held that in cases where the parties
have settled the dispute between them amicably in respect
of a matrimonial case, the Court can quash the
proceedings. The decree of divorce has already been
granted. In view of the principles laid down in the case of
Gian Singh stated supra and guidelines issued therein,
the criminal proceedings against petitioner Nos.1 to 8
requires to be quashed, which will not affect the interest of
public at large.
6. Accordingly, I.A.Nos.1/2022 and 2/2022 are
hereby allowed.
7. Consequently, criminal petition is allowed.
The criminal proceedings against accused Nos.1 to 8
in C.C.No.10622/2018 pending on the file of Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru is hereby
quashed.
8. In view of disposal of the main petition,
pending I.A.No.1/2021 does not survive for consideration
and the same is disposed of.
Sd/-
JUDGE
GBB
