Karnataka High Court
Sri A P Vasu vs State By Surayanagara P S on 24 March, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.529 OF 2019
BETWEEN
1 . SRI A P VASU
AGED ABOUT 32 YEARS
S/O PUTTAPPA,
2 . SRI PUTTAPPA
AGED ABOUT 70 YEARS
S /O RANGAPPA,
3 . SMT PARVATHAMMA
AGED ABOUT 68 YEARS
W/O PUTTAPPA,
4 . SRI RAGHAVENDARA
S/O PUTTAPPA,
AGED ABOUT 36 YEARS
PETITIONERS NO.1 AND 4 ARE
R/AT NO.94,3RD MAIN,
3RD CROSS,DEVAIAH PARK,
NEAR METRO STATION,
SRI RAMAPURA,
BENGALURU-560 021.
5 . KUMARI SHOBHA ALIAS SHOBHA RANI
AGED ABOUT 40 YEARS
D/O PUTTAPPA,
2
PETITIONERS NO.2, 3 AND 5 ARE
R/AT NO 255,2ND CROSS,
NEAR ANJENEYA TEMPLE,
HALE HARALAPURA,
HARIHARA TALUK,
DAVANAGERE DISTRICT - 577 601.
...PETITIONERS
(BY SMT. VIDYA SELVAMONY, ADVOCATE)
AND
1 . STATE BY SURAYANAGARA P S
SURAYANAGARA,
ANEKAL TALUK-562 106
BENGALURU URBAN DIST
REP.BY S.P.P.,
HIGH COURT BUILDING,
BENGALURU - 560 001
2 . MRS H.N. VIJAYALAXMI @ ARPITA
AGED ABOUT 28 YEARS
W/O VASU
D/O NARAYANNAPPA
HOUSE WIFE,
IST STAGE, SURAYANAGARA,
M.I.G.NO.721,
CHANDAPURA-562 106,
ATTEBELE HOBLI,
ANEKAL TALUK
...RESPONDENTS
(BY SRI. A.V. RAGHAVENDRA, ADVOCATE FOR R2
SRI MAHESH SHETTY, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE ORDER DATED 10.08.2018 PASSED IN C.C.NO.1114/2018
AFTER TAKING COGNIZANCE BY THE LEARNED PRINCIPAL CIVIL
JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT AND
CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS
THEREOF.
3
THIS CRIMINAL PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused Nos.1, 3 to 5 under
Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C. No.1114/2018 pending on the file of
the Principal Civil Judge and JMFC, Anekal, Bangalore
Rural District, for the offences punishable under Sections
498A, 504, 506 read with Section 34 of IPC.
2. During the pendency of this petition, learned
counsel for parties have filed I.A. No.1/2022 under Section
320 read with Section 482 of Cr.P.C. submitting that the
parties have settled the dispute between them. They have
also filed joint affidavit and memorandum of compromise
before the Family Court, Bengaluru.
3. Petitioner No.1 along with learned Counsel is
present before the Court. Respondent No.2 who is present
before the Court also submits that the matter has been
settled and she has no objection to close the case as she
has received the amount of Rs.7,00,100/- as stated in
para No.13 of the joint memorandum of compromise filed
before the Family Court, Bengaluru. The submission of
respondent No.2 is placed on record.
4. In view of the judgment of the Hon'ble Supreme
Court in 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 themselves, the Court can quash the
proceedings and continuation of the proceedings is abuse
of process of law. In view of the principles laid down in
the case of Gian Singh stated supra and guidelines issued
therein, the criminal proceedings against the petitioners
requires to be quashed in view of the settlement between
the parties. Therefore, the parties are permitted to
compound the offence
5. Consequently, the petition is allowed. The
proceedings against the petitioners - accused Nos.1,3 to 5
in criminal proceedings in C.C. No.1114/2018 pending on
the file of the Principal Civil Judge and JMFC, Anekal,
Bangalore Rural District, is hereby quashed.
Sd/-
JUDGE
Cs
