Sri.Sharath Gowda @ Yogish Gowda vs State By Peena Police Station
2022 Latest Caselaw 356 Kant

                             1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF JANUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION No.9954/2021

BETWEEN

1.    SRI.SHARATH GOWDA @ YOGISH GOWDA
      S/O RAVIKUMAR,
      AGED ABOUT 26 YEARS,

2.    SRI RAVIKUMAR @ THIMMEGOWDA
      S/O LATE PUTTEGOWDA,
      AGED ABOUT 55 YEARS,

      BOTH ARE R/AT NO.52,
      NELAGADARANAHALLI,
      NAGASANDRA POST,
      BENGALURU-560042.                   ...PETITIONERS

(BY SRI. PRAKASHA K V , ADVOCATE (VIDEO CONFERENCE))


AND

1.    STATE BY PEENA POLICE STATION
      BENGALURU,
      REPRESENTED BY STATE PUBLIC PROSECUTOR,
      HIGH COURT COMPLEX,
      BENGALURU-560001

2.    SMT SPANDANA
      W/O SHARATH GOWDA,
      AGED ABOUT 26 YEARS,
      R/AT ADUVALLI VILLAGE,
      MANDALAMANE POST,
                                2


      BELUR TALUK,
      HASSAN DISTRICT-573 115.              ...RESPONDENTS

(BY SRI. T.G. CHINNAPPA GOWDA, ADVOCATE FOR R2
 SRI. MAHESH SHETTY, HCGP FOR R1)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN
C.C.NO.19824/2019 ARISING OUT OF CR.NO.434/2018 OF
PEENYA POLICE, BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498(A),354 OF IPC AND SECTIONS 3 AND 4
OF DOWRY PROHIBITION ACT, REGISTERED BY PEENYA POLICE
STATION, BENGALURU PENDING ON THE FILE OF XLV
ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:

                          ORDER

This petition by accused Nos.1 and 2 under Section

482 of Cr.P.C. is for quashing the proceedings in C.C.

No.19824/2019 arising out of Crime No.434/2018 pending

on the file of the XLV Additional Chief Metropolitan

Magistrate Court, Bengaluru.

2. During the pendency of this petition, learned

counsel for petitioners-accused Nos.1 and 2 have filed joint

compromise petition submitting that the parties have

settled the dispute between them. Respondent No.2

appeared through video conference along with her counsel

and submitted that she has no objection to quash the

criminal proceedings against the petitioners.

3. Having heard the learned counsel for the parties

and perusal of the records, it is clear that the alleged

offence is punishable under Sections 498A, 354 of IPC and

Sections 3 and 4 Dowry Prohibition Act. In view of the

judgment of the Hon'ble Supreme Court in 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 continuation of

the proceedings is abuse of process of law. In view of the

principles laid down in the case of Gian Singh stated

supra and guidelines issued therein, the criminal

proceedings against the petitioners requires to be quashed

in view of the settlement between the parties. The parties

are permitted to compound the offence. Accordingly, I.A.

N.1/2021 is allowed.

4. Consequently, the petition is also allowed. The

proceedings against the petitioners in C.C.No.19824/2019

arising out of Crime No.434/2018 pending on the file of

XLV Additional Chief Metropolitan Magistrate, Bengaluru is

hereby quashed.

Sd/-

JUDGE

Cs