Karnataka High Court
Smt Bhagyamma A N vs The State Of Karnataka on 21 March, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.1157/2017
BETWEEN:
SMT.BHAGYAMA A.N.,
W/O RAJANNA D.A.,
AGED ABOUT 32 YEARS,
R/AT DODAPURA VILLAGE,
ANNOR POST, CHINTAMANI,
CHIKKABALLAPURA DISTRICT.
...PETITIONER
(BY SMT.MEERA H., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
YELAHANKA POLICE STATION,
REPRESENTED BY S.P.P.
2. SRI.MUNIKRISHNAPPA,
S/O MUNIYAPPA,
AGED ABOUT 60 YEARS,
R/AT NO.335,
BHABAIAH TEMPLE STREET,
OLD TOWN, YELAHANKA,
YELAHANKA - 563 064.
...RESPONDENTS
(BY SRI.MAHESH SHETTY, HCGP FOR R1;
SMT.KAVITHA BHANDARY S., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ALL FURTHER
2
PROCEEDINGS IN C.C.NO.14785/2016 PENDING ON THE FILE
OF XLIV ADDL.C.M.M., BANGALORE AGAINST THIS
PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR REPORTING
SETTLEMENT ALONG WITH ORDERS, THIS DAY, THROUGH
VIDEO CONFERENCING/PHYSICAL HEARING, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused
No.2 under Section 482 of Cr.P.C. for quashing the
criminal proceedings in C.C.No.14785/2016 registered
in Crime No.265/2015 by the Yelahanka Police Station
pending on the file of the XLIV Additional Chief
Metropolitan Magistrate, Bengaluru for the offence
punishable under Section 498-A read with Section 34 of
the Indian Penal Code, 1860 and under Sections 3, 4 of
the Dowry Prohibition Act, 1961.
2. During the pendency of the petition,
petitioner-accused No.2 and victim-Mamatha M. have
filed a joint compromise petition under Section 320 of
Cr.P.C. The learned counsel for the petitioner has also
filed joint affidavit of the petitioner and Mamatha M.,
who is the victim as the father-complainant was no
more.
3. The victim Mamatha @ Bhavani is appeared
through video conferencing and submits that she is
ready to compound the offence against this petitioner.
The petitioner counsel has also filed the joint divorce
petition under Section 13(B) of the Hindu Marriage Act,
which is pending before the VI Additional Family Judge,
Bengaluru in M.C.No.617/2022, wherein it is stated
that the husband-petitioner No.1 and wife-petitioner
No.2 have agreed to dissolve their marriage by mutual
consent on the condition that the husband-petitioner
No.1 shall pay a total sum of Rs.18,00,000/- towards
permanent alimony. It is further stated that out of the
said amount, petitioner No.2-victim has received
Rs.6,00,000/- and remaining amount of Rs.12,00,000/-
will be paid in future.
4. Learned counsel has also relied upon the
judgment of 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 petitioner-accused No.2 requires to
be quashed, which will not affect the interest of public.
Therefore, the criminal proceedings against petitioner-
accused No.2 requires to be quashed in view of the
settlement between the parties.
ORDER
The criminal petition is allowed.
All proceedings initiated against the petitioner-
accused No.2 in C.C.No.14785/2016 pending on the file
of the XLIV Additional Chief Metropolitan Magistrate,
Bengaluru for the offence punishable under Section
498-A read with Section 34 of the Indian Penal Code,
1860 and Sections 3 and 4 of Dowry Prohibition Act,
1861, is hereby quashed.
Sd/-
JUDGE
MKM
