Karnataka High Court
Mr Narasimaiah N vs The State Through The ... on 15 March, 2022
Bench: H.P.Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL REVISION PETITION NO.1236/2018
BETWEEN:
MR. NARASIMAIAH N.
AGED 40 YEARS,
SON OF T.C.NARASIMHAPPA,
ASST. PROFESSOR,
MANGALURU UNIVERSITY,
NO.4, K.P.A. KONAJE POST,
MANGALA GANGOTHRI,
MANGALURU UNIVERSITY,
MANGALURU TALUK - 574 199. ... PETITIONER
(BY SRI P.P.HEGDE & ASSOCIATES, ADVOCATE)
AND:
THE STATE THROUGH THE
SUB-INSPECTOR OF POLICE,
CHIKKAMAGALURU TOWN POLICE STATION,
CHIKKAMAGALURU,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENGALURU - 560 001. ... RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP;
SMT.RACHITHA RAJSHEKHAR FOR DEFACTO COMPLAINANT)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE
THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED
30.08.2018 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND
JMFC, CHIKKAMAGALURU, IN C.C.NO.875/2006 FOR THE
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OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT AND SECTIONS 498(A), 504 AND 506 OF IPC
AND SET ASIDE THE JUDGMENT DATED 10.10.2018 PASSED BY
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMGALURU IN CRIMINAL APPEAL NO.293/2013.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Both the petitioner and the defacto complainant are
present before the Court and have also filed an application under
Section 482 of Cr.P.C. In support of the application, the
petitioner and the defacto complainant have filed an affidavit.
Apart from that, they have produced the order sheet in
Crl.Misc.79/2020 and also the joint memo, wherein they have
stated that they are settling the matter and also the petitioner
herein has agreed to pay an amount of Rs.15 lakhs and also
deposited the demand draft before the Trial Court, subject to the
defacto complainant appearing before this Court and arriving for
compromise.
2. Having perused the joint memo filed in
Crl.Misc.79/2020 before the Trial Court as well as the contents of
the application filed before this Court and also the affidavit, the
parties have settled the matter and the offence is under Sections
498A, 504 and 506 of IPC and Sections 3 and 4 of the Dowry
Prohibition Act.
3. Having considered the issue involved between the
parties is matrimonial dispute and the Apex Court in the
judgment in the case of GIAN SINGH v. STATE OF PUNJAB
reported in (2012) 10 SCC 303, has held that if the dispute
between the parties is matrimonial dispute and the same is not
an offence against the society at large and hence the application
filed before this Court under Section 482 of Cr.P.C. is liable to be
allowed. In view of the compromise entered into between the
parties, the petitioner is acquitted for the offence under Sections
498A, 504 and 506 of IPC and Sections 3 and 4 of the Dowry
Prohibition Act.
4. The petition is disposed of in terms of the
compromise.
Sd/-
JUDGE
MD
