Sri Shivashankar vs The State Of Karnataka
2022 Latest Caselaw 5476 Kant

                            1


    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 25TH DAY OF MARCH, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION No.10258 OF 2021

BETWEEN

1 . SRI SHIVASHANKAR
    S/O BHAIRAIAH
    AGED 49 YEARS

2 . BHAIARIAH
    S/O LT SUBANNA
    AGED 80 YEARS

3 . SMT KUSUMA
    D/O BHAIRAIAH
    AGED 38 YEARS

   PETITIONERS NO.1 TO 3 ARE
   R/AT AJJAIHNAPALYA
   SASUVEGHATTA
   NEAR MEDICINE FACTORY
   BANGALORE 560090

4 . SMT PADMA T
    D/O THIMMAIAH
    AGED 42 YEARS
    R/AT NO 248/1
    CHKKASANDRA
    T DASARAHALLI
    BANGALORE 560057
                                          ... PETITIONERS
(BY SMT NIMISHA KUMAR, ADVOCATE)
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AND

THE STATE OF KARNATAKA
BY SOLADEVANAHALLI P S
REP BY SPP
HIGH COURT BUILDING
BENGALURU 560001.                            ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDING IN
C.C.NO.3612/2016 FILED AGAINST PETITIONER NO.1-3
ARISING OUT OF CR.NO.361/2015, PENDING ON THE FILE OF
CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT
AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498A,504,323,427,34 OF IPC READ WITH SECTIONS
3,4 OF D.P ACT AT ANNEXURE-C.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Learned High Court Government Pleader accepts

notice for the respondent-State.

2. This petition is filed by the petitioner Nos.1 to

4-accused Nos.1 to 3 and the defacto-complainant under

Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.3612/2016.

3. Petitioner No.2 is said to be bed ridden and

petitioner No.3 appeared through video conferencing on

behalf of petitioner No.2.

4. Petitioner Nos.1 and 4 are present before the

Court along with their counsel.

5. Learned counsel for the petitioners produced

the documents in M.C.No.1840/2016 where the decree of

divorce has been granted by the competent Family Court

on the Memorandum of Settlement held between the

parties in the Mediation Centre.

6. Petitioner No.4 has already received

Rs.7,00,000/- as permanent alimony from petitioner No.1

and had undertaken to co-operate with petitioner No.1 for

closure of criminal case in C.C.No.3612/2016.

In view of 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 when the parties have settled their dispute

between them in respect of a matrimonial case, the Court

can quash the proceedings.

Accordingly, the criminal petition is allowed.

The criminal proceedings against the petitioners-

accused Nos.1 to 3 on the complaint filed by petitioner

No.4 in C.C.No.3612/2016 is hereby quashed.

Sd/-

JUDGE GBB