Karnataka High Court
Smt Lakshmi Bai vs State Of Karnataka on 17 March, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.6227 OF 2019
CONNECTED WITH
CRIMINAL PETITION No.2151 OF 2022
IN CRIMINAL PETITION No.6227 OF 2019
BETWEEN
1. SMT LAKSHMI BAI
AGED ABOUT 70 YEARS
W/O. LATE. NARASINGH RAO,
R/AT NO. 156, 2ND MAIN ROAD,
TOLL GATE, VIDYARNYA PURA,
BENGALURU - 560 023.
2. SMT. GANGAMMA
AGED ABOUT 62 YEARS
W/O. BHAROMOJI RAO,
R/AT NO. 27/1, 1ST MAIN,
1ST CROSS, MARUTHI NAGAR,
MADIVALA,
BENGALURU - 560 068
3. SRI. BABU RAO M V
S/O. LATE. NARASING RAO,
R/AT NO. 37/1, 4TH MAIN,
4TH CROSS, AGRAHARA DASARAHALLI,
BENGALURU 560 079
4. SMT. CHANDRAMMA
AGED ABOUT 45 YEARS
W/O. DAYANAND,
R/AT NO. 947, 9TH CROSS,
2ND MAIN, DIVANARAPALYA,
2
MATHIKERE,
BENGALURU - 560 064
... PETITIONERS
(BY SRI S HEMANTH KUMAR, ADVOCATE
FOR SMT ANURADHA URS M D, ADVOCATE)
AND
1 . STATE OF KARNATAKA
REP BY STATION HOUSE OFFICER,
YESHWANTHAPURA POLICE STATION,
BENGALURU 560004.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
BENGALURU
2 . SMT. JAYANATHI BAI
AGED ABOUT 28 YEARS
D/O. VENUGOPAL,
W/O. PRAVEEN M G,
R/AT NO. 2/B, 6TH CROSS,
2ND MAIN, BAPUJI NAGAR,
MYSORE ROAD,
BENGALURU 26
... RESPONDENTS
(BY SRI VINAYAKA V.S., HCGP FOR R1
SRI L.T. GOPAL AND MAHENDRA B.S., ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.9791/2019 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498-A, 506, 504 READ WITH SECTION 34 OF IPC
AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT,
PENDING BEFORE 24tH ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AT BENGALURU.
3
IN CRIMINAL PETITION No.2151 OF 2022
BETWEEN
1 . PRAVEEN M G
S/O M N GANGOJI RAO
AGED 32 YEARS
R/T NO 902, 9TH CROSS
2ND MAIN ROAD
DIWANARAPALYA
MATHIKERE
YESHWANTHPURA
BANGALORE - 560 054
2 . SMT MEERA BAI T
W/O LATE M N GANGAOJI RAO
AGED 54 YEARS
R/AT NO 902, 9TH CROSS
2ND MAIN ROAD
DIWANARAPALYA
MATHIKERE
YESHWANTHPURA
BANGALORE 560054
... PETITIONERS
(BY SRI S HEMANTH KUMAR, ADVOCATE
FOR SMT ANURADHA URS M D, ADVOCATE)
AND
1 . STATE OF KARNATAKA
REP BY STATION HOUSE OFFICER
YESHWANTHPUR POLICE STATION
BANGALORE 560004
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE
2 . SMT JAYANTHI BAI
D/O VENUGOPAL
W/O PRAVEEN M G
AGED ABOUT 28 YEARS
4
R/AT NO.2/B, 6TH CROSS
2ND MAIN
BAPUJI NAGAR
MYSORE ROAD
BANGALORE - 560 026.
... RESPONDENTS
(BY SRI VINAYAKA V.S., HCGP FOR R1
SRI L.T. GOPAL AND MAHENDRA B.S., ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.9791/2019 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498-A, 506, 504 READ WITH SECTION 34 OF IPC
AND SECTIONS 3 AND 4 OF DP ACT PENDING BEFORE 24th
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BENGALURU.
THESE CRIMINAL PETITIONS COMING ON FOR REPORTING
SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts
notice for respondent No.1-State in Crl.P.No.2151/2022.
2. Sri L.T. Gopal, learned counsel appeared on
behalf of respondent No.2 in both the cases.
3. Crl.P.No.6227/2019 is filed by accused Nos.3
to 6 and Crl.P.No.2151/2022 is filed by accused Nos.1 and
2 under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.9791/2019 for the offences
punishable under Sections 498A, 506, 504 read with
Section 34 of IPC and Sections 3 and 4 of the D.P. Act
pending on the file of 24th Additional Chief Metropolitan
Magistrate, Bengaluru.
4. During the pendency of the petitions,
respondent No.2 appeared before the Court and filed an
affidavit stating that she has already settled the matter
along with accused person in the Mediation Centre in M.C.
No.5965/2019 on the file of III Additional Family Court,
Bengaluru. As per the terms of settlement at paragraph
No.6, she has undertaken to settle the matter before this
Court and also to close the criminal case pending before
the Magistrate.
5. In pursuant of the settlement, the parties have
filed joint compromise application in I.A.No.1/2022 under
Section 320 read with Section 482 of Cr.P.C in both the
cases. In view of the settlement between the parties and
in view of the judgment of the Hon'ble Supreme Court in
the case of Gian Singh vs. State of Punjab and
Another reported in 2012 CRI.L.J.4934 wherein, it has
been held that in cases where the parties have settled the
dispute between them in respect of a matrimonial case,
the Court can quash the proceedings. In view of the
principles laid down in the case of Gian Singh stated
supra and guidelines issued therein, the criminal
proceedings against petitioners-accused Nos.1 to 6
requires to be quashed, which will not affect the interest of
public at large. Therefore, I.A.No.1/2022 is allowed.
Consequently, both the petitions are allowed.
6. The criminal proceedings against accused
Nos.1 to 6 in C.C.No.9791/2019 pending before the 24th
Additional Chief Metropolitan Magistrate, Bengaluru is
hereby quashed.
Sd/-
JUDGE
GBB
