V.Prabhu vs State Of Karnataka
2022 Latest Caselaw 883 Kant

                              1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 19TH DAY OF JANUARY, 2022

                           BEFORE

            THE HON'BLE MR. JUSTICE K.NATARAJAN

              CRIMINAL PETITION NO.8754/2021

BETWEEN

V. PRABHU
S/O BABU
AGED ABOUT 27 YEARS
R/AT 5-34, MAPAKSHI HW
CHITTOR, MAPAKSHI - 517 002
ANDHRA PRADESH.                             ... PETITIONER

(BY SRI DEVARAJA M, ADVOCATE)

AND

1 . STATE OF KARNATAKA
    SHO OF KADUGODI POLICE STATION
    BENGALURU DISTRICT
    BENGALURU - 560 001

    REP BY SPP
    HIGH COURT OF KARNATAKA
    BENGALURU 560 001
2 . POOJA S
    D/O SRINIVAS
    AGED ABOUT 23 YEARS
    R/AT LAKKAVALLI
    TARIKERE TALUK
    CHIKAMGALUR 577 101
                                       ... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
 SRI SATHYANARAYANA CHALKE, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
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THE FIR IN CR.NO.121/2021 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 417, 376 OF IPC PENDING CONSIDERATION
ON THE FILE OF I ADDL.C.J.M., BENGALURU RURAL DISTRICT,
BENGALURU.

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


                           ORDER

Learned counsel for the petitioner has filed the

amended prayer and the same is placed on record.

2. This petition is filed by the petitioner-accused

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

proceedings in C.C.No.28042/2021 pending on the file of I

Additional Chief Judicial Magistrate, Bengaluru Rural District

arising out of Cr.No.121/2021 registered by Kadugodi police

station for the offences punishable under Section 417, 376

of Indian Penal Code (for short 'IPC').

3. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

4. During the pendency of this petition, both the

parties, the petitioner and respondent No.2, have filed joint

compromise application under section 320 read with 482 of

Cr.P.C. Respondent No.2 and the petitioner submitted that

they have compounded the offences and responded No.2

submits no objection for quashing the criminal proceedings

against the petitioner. Both petitioner and respondent No.2

along with their counsels have appeared through video

conference and the parties were identified by the respective

counsel.

5. The allegation against the petitioner is that he had

sexual intercourse with the respondent No.2 under the

pretext of marrying her, therefore the complaint came to be

filed. Subsequently, both decided to resile from each other

and compounded the offence, therefore both of them filed

joint application for closing the matter. In view of the

submission of both the parties having compounded the

offence and in view of the judgment of the Hon'ble Supreme

Court in the case of Gian Singh Vs. State of Punjab and

Another wherein it is laid down where the parties have

settled the dispute between them and the same is not

affected to the public, the Court can quash the proceedings.

In view of the same, parties have settled the dispute

amicably and therefore I.A.No.4/2022 requires to be

allowed.

Accordingly, I.A.No.4/2022 is allowed and

subsequently, Criminal proceedings against the petitioner in

C in C.C.No.28042/2021 pending on the file of I Additional

Chief Judicial Magistrate, Bengaluru Rural District arising

out of Cr.No.121/2021 registered by Kadugodi police station

for the offences punishable under Section 417, 376 of IPC,

is hereby quashed.

In view of disposal of the main petition, pending

I.A.No.2/2022 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

AKV