Karnataka High Court
Gnaneshwar S/O Govindrao Biradar ... vs The State Of Karnataka And Anr on 19 January, 2022
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.200946/2020
BETWEEN:
1. Gnaneshwar S/o Govindrao Biradar,
Aged about: 32 years,
Occ: Networking Business,
R/o: Rajnal, Sadya Colony,
Chowli Road, Noubad, Bidar-585401.
2. Govindrao S/o Madhavrao Biradar,
Aged about:74 years,
Occ: Agriculture,
R/o: Rajnal, Sadya Colony,
Chowli Road, Noubad, Bidar-585401.
3. Bharatbai W/o Govindrao Biradar,
Aged about: 59 years,
Occ: Household,
R/o: Rajnal, Sadya Colony,
Chowli Road, Noubad, Bidar-585401
4. Pandari @ Pandarinath S/o Manikrao,
Aged about: 49 years, Occ: Agriculture,
R/o: Honnikeri,
Tq & Dist: Bidar-585401
... Petitioners
(By Miss Veerani Nandi, Advocate)
2
AND:
1. The State of Karnataka
Through Bidar women Police Station
Market Circle Bidar-585401
Represented by Addl.SPP
HCK, Kalaburagi
2. Smt.Laxmi @ Deepa W/o Gnaneshwar
Aged about: 31 years, Occ: Student
R/o: Rajnal, Sadya Colony
Chowli Road, Noubad Bidar-585401
... Respondents
(Sri Sharanabasappa M.Patil, HCGP for R1;
Sri Sanjay A.Patil, Advocate for R2)
This criminal petition is filed under Section 482 of
Cr.P.C praying to quash the entire proceedings arising out
of Crime No.0015/2016 dated:17-05-2016 being
culminated in C.C.No.1268/2016, being registered by the
respondent No. 1 police, punishable under Sec.498(A),
342, 504, 506 R/w 34 of IPC & Sec.3&4 of D.P.Act,
pending on the file of the court of 1st Addl. Civil Judge &
JMFC II at Bidar.
This petition coming on for Admission this day, the
Court made the following hearing:
ORDER
Heard Miss Veerani Nandi learned counsel for the
petitioners and Sri Sanjay A.Patil, learned counsel for
respondent No.2.
2. Petitioner No.3 who has accused No.3 died
during the pending of this petition and therefore petition
stood abated against petitioner No.3.
3. The present petition is filed under Section 482
of Cr.P.C with the following prayer :-
"To quash the entire proceedings arising out
of Crime No.0015/2016 dated:17-05-2016 being
culminated in C.C.No.1268/2016, being registered
by the respondent No. 1 police, punishable under
Sec.498(A), 342, 504, 506 R/w 34 of IPC & Sec.3 &
4 of D.P.Act, pending on the file of the court of 1st
Addl. Civil Judge & JMFC II at Bidar."
4. The brief facts of the case are as under :-
The petitioners are accused Nos.1 to 4 in
C.C.No.1268/2016. The said case came to be registered
upon the complaint lodged by one Laxmi @ Deepa who is
the wife of accused No.1 on account of the matrimonial
disputes and police after detail investigation filed a charge
sheet against the accused for the offences punishable
under Sections 498A of IPC and provisions of the Dowry
Prohibition Act.
5. When the mater stood thus, parties have
amicably settled the dispute inter se and they filed a
necessary application before the jurisdictional court for
dissolution of marriage.
6. Therefore, Miss Veerani Nandi, learned counsel
for petitioner contends that the continuation of the present
proceedings would only result in futile exercise and abuse
of process of law and sought for quashing the proceedings.
7. Learned High Court Government Pleader
submits that if the parties have amicably settled the
dispute the court may pass suitable orders.
8. Learned counsel Sri Sanjay Patil, representing
the complainant Smt.Laxmi @ Deepa confirms that the
parties have amicably settled and there were 11 terms
which were agreed in the compromise petition and all the
11 terms have been full filled and therefore seeks the
court to pass the suitable orders.
9. In a matter of this nature recently the Hon'ble
Apex Court in the case of Ramgopal vs. State of Madhya
Pradesh, reported in 2021 Supreme Court Cases
(OnLine) 834 has stated that the higher courts namely
High court and the Supreme Court will have power under
Section 482 of Cr.P.C and Article 142 of the Constitution of
India is having wider scope than Section 320 of Cr.P.C in
quashing the further proceedings in a given case. The
relevant paragraph is culled out as under:-
"20. Having appraised the aforestated para-
meters and weighing upon the peculiar facts and
circumstances of the two appeals before us, we are
inclined to invoke powers under Article 142 and
quash the criminal proceedings and consequently
set aside the conviction in both the appeals. We
say so for the reasons that:
Firstly, the occurrence(s) involved in these
appeals can be categorized as purely personal or
having overtones of criminal proceedings of private
nature;
Secondly, the nature of injuries incurred,
for which the Appellants have been convicted, do
not appear to exhibit their mental depravity or
commission of an offence of such a serious nature
that quashing of which would override public
interest;
Thirdly, given the nature of the offence and
injuries, it is immaterial that the trial against the
Appellants had been concluded or their appeal(s)
against conviction stand dismissed;
Fourthly, the parties on their own volition,
without any coercion or compulsion, willingly and
voluntarily have buried their differences and wish
to accord a quietus to their dispute(s);
Fifthly, the occurrence(s) in both the cases
took place way back in the years 2000 and 1995,
respectively. There is nothing on record to evince
that either before or after the purported
compromise, any untoward incident transpired
between the parties;
Sixthly, since the Appellants and the
complainant(s) are residents of the same village(s)
and/or work in close vicinity, the quashing of
criminal proceedings will advance peace, harmony,
and fellowship amongst the parties who have
decided to forget and forgive any illwill and have no
vengeance against each other; and
Seventhly, the cause of administration of
criminal justice system would remain uneffected on
acceptance of the amicable settlement between the
parties and/or resultant acquittal of the Appellants;
more so looking at their present age."
10. Applying the legal principles enunciated in the
above decision to the facts of this case, this court is of the
considered opinion that the conditions mentioned in para
20 of the said judgment is squarely applicable to the case
on hand. Therefore, a case is made out to quash the
further proceedings.
11. Accordingly, by exercising the power vested in
this court under Section 482 of Cr.P.C and following the
dictum laid in Ramgopal's case supra, pass the
following:-
ORDER
Petition is allowed.
Pending proceedings in C.C.No.1268/2016 (Crime
No.15/2016 - Bidar Women Police Station) before the court
of I Addl. Civil Judge and JMFC-II, Bidar is hereby
quashed.
Sd/-
JUDGE
sn
