Karnataka High Court
Sri Mahesha @ Mahesha Shivamurthy vs State Of Karnataka on 17 January, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.424 OF 2020
C/W
CRIMINAL PETITION No.696 OF 2020
AND
CRIMINAL PETITION No.7845 OF 2021
IN CRL.P.No.424/2020
BETWEEN:
1. SRI. SHIVAMURTHY B.K.,
S/O LATE SRI. KALAPPACHAR,
AGED ABOUT 66 YEARS,
2. SMT.PRABHAVATHI,
W/O SRI. SHIVAMURTHY,
AGED ABOUT 60 YEARS,
BOTH ARE R/AT NO.823,
S.R.K.COLONY,
HOOTAGAHALLI,
BELAVADI POST,
MYSURU DISTRICT - 570 027.
...PETITIONERS
(BY SRI.V.R.BALARAJ, ADVOCATE)
2
AND:
1. STATE OF KARNATAKA,
BY S.H.O. OF BASAVANAGUDI
WOMEN POLICE STATION,
BANGALORE CITY.
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
2. SMT. SOWMYA,
W/O SRI.MAHESHA,
AGED ABOUT 36 YEARS,
R/AT NO.3107, BAZAR STREET,
OPPOSITE TO BATA SHOW ROOM,
NELAMANGALA,
BENGALURU RURAL DISTRICT - 562 123.
...RESPONDENTS
(BY SRI. B.J.ROHITH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
CRIMINAL PROCEEDINGS IN C.C.NO.16825/2017
ARISING OUT OF CR.NO.35/2016 IN RESPECT OF
THESE PETITIONERS PENDING ON THE FILE OF II
ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S
498A AND 506 R/W 34 OF IPC AND SECTION 3 AND 4
OF DOWRY PROHIBITION ACT OF THE 1 ST
RESPONDENT POLICE STATION.
3
IN CRL.P.No.696/2020
BETWEEN:
1. MR. SUJAY N J.,
S/O N V JAGANNATH,
AGED ABOUT 38 YEARS,
NO. 12-C, 6TH MAIN,
SHAKAMBARINAGAR,
SARAKKI, J.P.NAGAR,
BENGALURU - 560 086.
2. MR. BALAJI N J.,
S/O N V JAGANNATH,
AGED ABOUT 42 YEARS,
NO.49, 6TH CROSS,
BEHIND ROCKLINE STUDIO,
VENUGOPALNAGAR,
NAGASANDRA POST,
DODDABIDARAKALLU,
BENGALURU - 560 073.
PETITIONER NOS.1 AND 2
R/AT NO.3107, BAZAR STREET,
OPP. BATA SHOW ROOM,
NELAMANGALA - 562 123,
BENGALURU RURAL DISTRICT.
3. MR. N V JAGANNATH,
S/O LATE K VEERACHAR,
AGED ABOUT 80 YEARS,
NO.3107, BAZAR STREET,
OPP. BATA SHOWROOM, NELAMANGALA,
BENGALURU RURAL DISTRICT - 562 123.
...PETITIONERS
(BY SRI.NATARAJ BALLAL A., ADVOCATE)
4
AND:
1. STATE OF KARNATAKA,
BY ADUGODI POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT BENGALURU - 560 001.
2. SRI. MAHESHASHIVAMURTHY,
S/O SHIVAMURTHY B K.,
AGED ABOUT 37 YEARS,
RESIDING AT #823,
NEAR ODANADI SEVA SAMSTHE,
SRS COLONY, HOOTAGALLI,
MYSURU - 570 018.
...RESPONDENTS
(BY SRI. B.J.ROHITH, HCGP FOR R1;
SRI.V.R.BALARAJ, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.9804/2019 PENDING
ON THE FILE OF THE IV A.C.M.M., AT BENGALURU FOR
THE OFFENCE P/U/S 406, 420, 426, 379, 504, 506
READ WITH 34 OF IPC.
IN CRL.P.No.7845/2021
BETWEEN:
SRI. [email protected] MAHESHA SHIVAMURTHY,
S/O SHIVAMURTHY B K.,
AGED ABOUT 38 YEARS,
FLAT #002, GROUND FLOOR,
PRAKRUTHI LAKE VIEW APARTMENT,
5
NEAR MEENAKSHI KALYANA MANTAP,
RAJARAJESHWARI NAGAR,
BANGALORE - 560 098.
ALSO AT RESIDING AT #823,
S.R.K. COLONY, HOOTAGALLI,
BELAVADI POST,
MYSURU - 570 018.
...PETITIONER
(BY SRI.V.R.BALARAJ, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY S.H.O. OF BASAVANAGUDI
WOMEN POLICE STATION,
BANGALORE CITY.
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
2. SMT. SOWMYA,
W/O SRI.MAHESHA,
AGED ABOUT 36 YEARS,
R/AT NO.3107, BAZAR STREET,
OPPOSITE TO BATA SHOW ROOM,
NELAMANGALA,
BENGALURU RURAL DISTRICT - 562 123.
...RESPONDENTS
(BY SRI. B.J.ROHITH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
CRIMINAL PROCEEDINGS IN C.C.NO.16825/2017
ARISING OUT OF CR.NO.35/2016 IN RESPECT OF THIS
6
PETITIONER PENDING ON THE FILE OF THE LEARNED
II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 506,
34 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT OF THE RESPONDENT NO.1 POLICE
STATION.
THESE CRIMINAL PETITIONS COMING ON FOR
REPORTING SETTLEMENT, THIS DAY THROUGH VIDEO
CONFERENCING, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.424/2020 filed by the petitioners-
accused Nos.3 and 4, Crl.P.No.7845/2021 filed by
the petitioner-accused No.1 under Section 482 of
Cr.P.C. for quashing the criminal proceedings in
C.C.No.16825/2017 arising out of Crime
No.35/2016 registered by Basavanagudi Women
Police, Bengaluru for the offences punishable under
Sections 498A and 506 read with Section 34 of IPC
and Sections 3 and 4 of the Dowry Prohibition Act,
1961, pending on the file of XXXVI Additional Chief
Metropolitan Magistrate, Bengaluru City.
2. Crl.P.No.696/2020 filed by the petitioners-
accused Nos.1 to 3 under Section 482 of Cr.P.C. for
quashing the criminal proceedings in
C.C.No.9804/2019 arising out of Crime No.48/2017
registered by Adugodi Police, Bengaluru for the
offences punishable under Sections 379, 426, 363,
406, 504 and 506 read with Section 34 of IPC
pending on the file of the IV Additional Chief
Metropolitan Magistrate, Bengaluru City.
3. Crime No.35/2016 has been registered by
the police on the complaint of one Sowmya, the
wife of accused No.1, against the accused Nos.1 to
3 for the offence punishable under Section 498A
and other alleged offences, wherein the Women
Police, Basavanagudi have investigated the matter
and filed the charge sheet. Whereas, Crime
No.48/2017 has been registered by the Audugodi
police on the complaint of accused No.1-Mahesha
Shivamurthy against his wife and his in-laws for
the above said offences.
4. The above petitions arise out of the family
dispute between accused No.1-Mahesha
Shivamurthy and the complainant-Sowmya.
During the pendency of the matter, the parties
have settled their disputes before the Family Court
Bengaluru. The matter was referred to Mediation
Centre. Accordingly, the settlement was arrived at
between the parties. The report of the Mediation
Centre has been placed before this Court. The
counsel appeared through video conference along
with the parties.
5. Both the parties submit that they have no
objection to quash the criminal proceedings in view
of the settlement arrived at between the parties as
per the Memorandum of Settlement made before
the Family Court, Bengaluru.
6. The submission of the counsel as well as
the parties is placed on record.
7. 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) 10 SCC 303, when the parties have settled
their dispute amicably in respect of family matters
and the same would not adversely affect the
interest of the public at large, the Court can quash
the criminal proceedings under Section 482 of
Cr.P.C. Accordingly, the parties have compounded
the offences against each other in both the crime
numbers.
8. In view of the settlement between the
parties, the petitions are required to be allowed.
Accordingly, I pass the following:
ORDER
The criminal petitions are allowed.
All further criminal proceedings in
C.C.No.16825/2017 registered by Basavanagudi
Women Police in Crime No.35/2016 pending on the
file of XXXVI Additional Chief Metropolitan
Magistrate, Bengaluru City and in
C.C.No.9804/2019 arising out of Crime No.48/2017
registered by Adugodi Police, Bengaluru, pending
on the file of the IV Additional Chief Metropolitan
Magistrate, Bengaluru City are hereby quashed.
In view of disposal of the main petition, all
pending IAs do not survive for consideration.
Sd/-
JUDGE
KTY
