Dr R Purushotham vs State By Nelamangala Police ...
2022 Latest Caselaw 12988 Kant

                              1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 14TH DAY OF NOVEMBER, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.9438 OF 2022

BETWEEN

1 . DR R PURUSHOTHAM
    AGED ABOUT 40 YEARS
    S/O SRI RAJANNA
    OCCUPATION: HEAD CONSTABLE,

2 . SRI. RAGHAVENDRA
    S/O RAJANNA @ H.K. RAJU
    AGED ABOUT 36 YEARS
    OCCUPATION BUSINESS

3 . SRI. H.K RAJU @ RAJANNA
    S/O LATE KEMPAIAH,
    AGED ABOUT 67 YEARS

     ALL ARE R/AT NO. 97,
     SAMUDHAYA BHAVAN ROAD,
     G.B. PALYA,
     MYSURU 572 128
                                            ... PETITIONERS
(BY SRI MANJUNATH H, ADVOCATE)

AND

1.    STATE BY NELAMANGALA POLICE STATION
      NELAMANGALA
      BENGALURU RURAL DISTRICT,
      DULY REPRESENTED BY
      STATE PUBLIC PROSECUTOR,
                              2


2.   SMT. P.V. MADHUSHREE
     D/O SRI VENKATESH
     AGED ABOUT 30 YEARS
     R/AT NO. 1/15, LAKSHMAIAH LAYOUT,
     SUBHASH NAGAR,
     WEAVERS COLONY
     NELAMANGALA TOWN, 562 123
                                            ... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.1094/2010 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ
WITH SECTION 34 OF IPC IN THE MATTER BETWEEN THE
RESPONDENT NOS.1 AND 2 AND THE PETITIONER, PRODUCED
AS PER ANNEXURE-B.

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

                          ORDER

Office objections are presently over ruled.

2 This petition is filed by petitioners/accused Nos.1,

2 and 3 under Section 482 of Cr.P.C for quashing criminal

proceedings in CC.No.1094/2010 on the file of Additional

Civil Judge and JMFC, Nelamangala for the offences

punishable under Sections 498A, 323, 504, 506 read with

Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act.

3. Heard learned counsel for both parties. Petitioner

Nos.1, 2 and 3 are present. The GPA holder of respondent

No.2 is present.

4. During the pendency of the petition, respondent

No.2 and petitioner No.1 came forward for settling the

issues and filed joint compromise application on

I.A.No.1/2022 under Section 320 read with 482 of Cr.P.C

for compounding the offence and seeking permission to

settle the issues.

5. The learned counsel for the petitioners submits

the matter has been settled between the parties. The

respondent No.2 and petitioner No.1 is already divorced.

Respondent No.2 is already married and living with her

husband.

6. The submission of both parties are placed on

record.

7. Considering the facts and circumstances of the

case, in view of joint compromise between the parties and

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 is held, when

the parties settle the issues the court can accept the same

and compound the offence and quash the criminal

proceedings. Considering the same, I.A.No.1/2022 is

allowed permitting the parties to compound the offence.

8. Accordingly, the criminal petition is allowed.

9. The criminal proceedings against petitioners-

accused Nos.1, 2 and 3 in CC.No.1094/2010 on the file of

Additional Civil Judge and JMFC Nelamangala for the

offences punishable under Sections 498A, 323, 504, 506

read with Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, is hereby quashed.

Sd/-

JUDGE AKV