Citation : 2022 Latest Caselaw 951 Kant
Judgement Date : 20 January, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION No.10093/2021
Between:
1. CHANDAN P
S/O PUTTANNA
AGED ABOUT 34 YEARS
2. BHRAMARAMBA
W/O PUTTANNA
AGED ABOUT 62 YEARS
PETITIONER NOS.1 AND 2
ARE RESIDING AT
No.79, KONGARAHALLI
KAMAKERAI, CHAMARAJANAGAR
KARNATAKA - 571443.
3. DEEPTI P
W/O YOGESH G
AGED ABOUT 39 YEARS
4. YOGESH G
S/O GURUBASAPPA
AGED ABOUT 44 YEARS
PETITIONER NOS.3 AND 4
ARE RESIDING AT
#75, 21ST MAIN
D BLOCK, 2ND STAGE
J P NAGARA, MYSORE
KARNATAKA - 57008.
2
5. CHETHAN P
S/O PUTTANNA
AGED ABOUT 41 YEARS
R/AT 2522, MAIN NIVAS
14TH MAIN, KUMARASWAMY LAYOUT
2ND STAGE, BENGALURU - 560078. .. PETITIONERS
(BY SRI M SHARASS CHANDRA, ADV.)
AND:
1. SMT VINUTHA B S
W/O CHANDAN P
AGED ABOUT 31 YEARS
R/AT NO.401, 5TH FLOOR,
B R RESIDENCY, 7TH CROSS
HARALURU MAIN ROAD
BENGALURU CITY
KARNATAKA - 560068.
2. STATE OF KARNATAKA BY
EAST ZONE WOMEN P.S. ..RESPONDENTS
(BY SRI H C SHASHIDHARA MURTHY, ADV. FOR R.1,
SRI ROHITH B J, HCGP FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE PROCEEDING IN
C.C. NO.22520/2021 (CRIME NO.70/2020) OF
RESPONDENT NO.2 EAST ZONE WOMEN POLICE AT
BENGALURU FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 498-a, 495, 417, 114, 506, 504, 323 READ WITH
SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT WHICH IS PENDING ON THE COURT OF
VI ACMM AT BENGALURU BY ALLOWING THE
PETITIONERS AND THE RESPONDENTS TO COMPOUND
THE OFFENCE.
THIS CRIMINAL PETITION COMING ON THROUGH
VIDEO CONFERECING FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
Learned High Court Government Pleader takes
notice for respondent No.2.
2. This petition is filed by the petitioners/accused
Nos.1 to 5 under Section 482 of the Criminal Procedure
Code for quashing of the criminal proceedings against
the petitioners in respect of C.C. No.22520/2021 arising
out of Crime No.70/2020 registered by East Zone
Women Police Station, Bengaluru for the offences
punishable under Sections 498(A) of IPC and Sections 3
and 4 of Dowry Prohibition Act.
3. Today parties along with their respective
counsel have appeared through video conference.
4. During the pendency of the petition, parties
have entered into a settlement and they have settled the
dispute before the Mediation Centre, Kollegal in the
Court of Senior Civil Judge, Kollegal in M.C.
No.40/2021. As per the settlement, the petitioners have
agreed to pay Rs.30,00,000/- (Rupees Thirty Lakhs
Only) to the 1st respondent. Accordingly,
Rs.20,00,000/- (Rupees Twenty Lakhs only) has been
paid before the Mediation Centre and Rs.10,00,000/-
(Rupees Ten Lakhs only) has been paid today to
respondent No.1 by way of demand draft dated
18.01.2022. The same is accepted and acknowledged
by respondent No.1. An affidavit is also filed by
respondent No.1 for having settled the matter.
5. The submissions and the affidavit are placed
on record.
6. In view of the settlement and as per 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 and if it is not affecting the public
at large, the Court can quash the criminal proceedings.
Hence, the following:
ORDER
The petition is allowed. The criminal proceedings
against the petitioners in C.C. No.22520/2021 pending
on the file of 6th Addl. CMM Court, Nrupathunga Road,
Bengaluru is hereby quashed.
Sd/-
JUDGE
Brn
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