Karnataka High Court
Smt. Roopa M vs State By on 19 January, 2022
Bench: K.Natarajan
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.6536/2020
CONNECTED WITH
CRIMINAL PETITION NO.716/2021
IN CRIMINAL PETITION NO.6536/2020
BETWEEN
SMT. ROOPA M
W/O VENKATESH MURTHY,
AGED ABOUT 35 YEARS,
R/AT NO 266/2, AMMA NILAYA,
PADMAUPADHYAYA LAYOUT,
SHANTHIVIDYANAGARA,
NAGADEVANAHALLI,
BENGALURU - 560 056. ... PETITIONER
(BY SRI BHANU PRAKASH H V, ADVOCATE)
AND
1 . STATE BY
POLICE INSPECTOR,
WOMENS P S
LASHKAR MOHALLA,
MYSURU CITY,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2 . SMT GOUTHAMI
W/O VARUN KUMAR M,
D/O GOPALA KRISHNA,
2
AGED ABOUT 31 YEARS,
R/AT NO 93, 1ST FLOOR,
VIJAYANAGARA 3RD STAGE,
G BLOCK,
MYSURU 570 017.
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
SRI J V PRAKASH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET FILED ON 15.07.2019 BY THE WOMEN
POLICE STATION, MYSURU i.e. RESPONDENT NO.1 IN
C.C.NO.277/2019 (CR.NO.01/2019) FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 498(A) AND 506 READ WITH
SECTION 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION
ACT, PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL
JUDGE AND J.M.F.C., MYSURU VIDE ANNEX-C AND D.
IN CRIMINAL PETITION NO.716/2021
BETWEEN
1 . SRI. VARUN KUMAR M
S/O. MARIGOWDA,
AGED ABOUT 31 YEARS,
2 . SRI. MARIGOWDA
S/O. LATE H. T. KARIYAPPA,
AGED ABOUT 64 YEARS,
BOTH ARE R/AT NO. 647,
2ND FLOOR, 1ST CROSS,
BDA LAYOUT, 2ND BLOCK,
NAGADEVANAHALLI,
BENGALURU CITY-560 056.
... PETITIONERS
(BY SRI JAGADEESH PRASAD R, ADVOCATE)
3
AND
1 . STATE BY
POLICE INSPECTOR,
WOMENS P S
LASHKAR MOHALLA,
MYSURU CITY,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
2 . SMT GOUTHAMI
W/O VARUN KUMAR M,
D/O GOPALA KRISHNA,
AGED ABOUT 32 YEARS,
R/AT NO 93, 1ST FLOOR,
VIJAYANAGARA 3RD STAGE,
G BLOCK,
MYSURU - 570 017.
AND ALSO RESIDING AT NO.295
BEML LAYOUT
RAJARAJESHWARI NAGAR
MYSURU - 570 033.
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
SRI J V PRAKASH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET FILED ON 15.07.2019 BY THE WOMEN
POLICE STATION, MYSURU i.e. RESPONDENT NO.1 IN
C.C.NO.277/2019 (CR.NO.01/2019) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498(A) AND 506 READ WITH
SECTION 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION
ACT, PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL
JUDGE AND J.M.F.C., MYSURU VIDE ANNEX-C AND D.
THESE CRIMINAL PETITIONS COMING ON FOR
SETTLEMENT THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:
4
ORDER
Criminal Petition No.716/2021 filed by accused Nos.1
and 2, Criminal Petition No.6536/2020 filed by accused
No.3 under Section 482 of Cr.P.C., for quashing the charge
sheet filed by the Women Police Station, IN
C.C.No.277/2019 (CR.No.01/2019) for the offences
punishable under Sections 498(A) and 506 read with
Section 34 of IPC and Section 4 of Dowry Prohibition Act,
pending on the file of IV Additional Senior Civil Judge and
J.M.F.C., Mysuru.
2. During the tendency of the petition, both the
petitioner in both cases and respondent No.2 appeared and
have filed joint compromise application under Section 320
of Cr.P.C and they have appeared through VC along with
their counsel and submits the matter has been settled and
respondent No.2 submits no objection to quash the
criminal case against the petitioner. In view of the
settlement arrived between the parties and submission
made by the learned counsel for the parties and in view of
judgment of Hon'ble Supreme Court in Gian Singh Vs.
State of Punjab and Another wherein it has been held
that in matrimonial case wherein the parties have settled
the dispute between them, the Court can quash the
criminal proceedings if it is not affecting the interest of the
public at large. In view of the same, the parties have
settled the dispute amicably and therefore I.A.No.1/2022
requires to be allowed. The parties are permitted to
compound the offences. Hence I.A.No.1/2022 is allowed.
Accordingly both the petitions are allowed.
The criminal proceeding against the petitioners in
C.C.NO.277/2019 on the file of the J.M.F.C., Mysuru is
hereby quashed.
Sd/-
JUDGE
AKV
