Karnataka High Court
Sunil Kumar. M. R vs State By Puttenahalli Police ... on 21 November, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
WRIT PETITION No.21694 OF 2022(GM-RES)
BETWEEN
1. SUNIL KUMAR. M. R.
AGED ABOUT 39 YEARS,
S/O. MAHESHWARAPPA,
2. SRI. S. MAHESHWARAPPA
AGED ABOUT 66 YEARS,
S/O. SIDDARAMAIAH,
3. SMT. REVAKKA. T. R.
AGED ABOUT 62 YEARS,
W/O. S. MAHESHWARAPPA,
PETITIONERS NO.1 TO 3 ARE
RESIDING AT NO. 44/B,
19TH D MAIN ROAD,
10TH B CROSS, RAJAJINAGAR I BLOCK,
BANGALORE.
4. SMT. SOWMYA
AGED ABOUT 32 YEARS,
W/O. VINOD,
RESIDING AT NO. 1484/18,
4TH C MAIN ROAD,
NAGAPURA,
MAHALAKSHMI LAYOUT,
BANGALORE-560 086.
... PETITIONERS
(BY SRI SUNIL S., ADVOCATE)
2
AND
1. STATE BY PUTTENAHALLI POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
ANNEX HIGH COURT BUILDING,
BANGALORE-560 001.
2. DR. DEEPA. K. K.
AGED ABOUT 34 YEARS,
W/O. SUNIL KUMAR,
D/O. KUBERAPPA,
RESIDENT OF NO. 139,
BANASHANKARI NILAYA,
II STAGE, III CROSS,
NEAR POLICE CHOWKI,
VINOBANAGAR,
SHIVAMOGGA.
... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
SRI PAVAN R. JAVALI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT
AND FIR FILED BEFORE THE R1 POLICE, QUASH THE CHARGE
SHEET FILED BY R1, QUASH THE ENTIRE PROCEEDINGS IN
CC.NO.2829/2020 PENDING ON THE FILE OF THE 44TH ADDL.
CHIEF METROPOLITAN MAGISTRATE, BANGALORE, GRANT AN
INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN
CC.NO.2829/2020 PENDING ON THE FILE OF THE 44TH ADDL.
CHIEF METROPOLITAN MAGISTRATE, BANGALORE
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Sri Pavan R. Javali, learned counsel filed vakalath to
argue on behalf of respondent No.2.
The said vakalath is taken on record.
This petition is filed by the petitioners-accused Nos.1
to 4 under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.2829/2020 on the file of 44th
Additional C.M.M., Bengaluru, in Crime No.142/2019
registered by Puttenahalli Police Station, Bengaluru for the
offences punishable under Sections 498A, 504 read with
Section 34 of IPC and Sections 3 and 4 of the D.P. Act.
2. During pendency of the petition, both
petitioner No.1 and respondent No.2 appeared before the
Court through their respective counsels and filed
I.A.No.1/2022 under Section 320 read with Section 482 of
Cr.P.C. along with affidavit seeking permission of this
Court to compound the offences.
3. Learned counsel for the petitioners submits
that Petitioner No.1 and respondent No.2 have also filed
joint petition for divorce by mutual consent under Section
13(b) of Hindu Marriage Act, 1955 before the Principal
Family Court, Shivamogga vide M.C.No207/2022 which is
pending.
4. Respondent No.2 has no objection for quashing
the criminal proceedings against the petitioners-accused
persons.
5. Submission of both the parties are placed on
record.
6. In view of the judgment 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. Accordingly, I.A.No.1/2022 is
allowed. The parties are permitted to compound the
offences and consequently, the criminal petition is allowed.
7. The criminal proceedings against the
petitioners-accused Nos.1 to 4 in C.C.No.2829/2020
pending on the file of 44th Additional C.M.M., Bengaluru is
hereby quashed.
Sd/-
JUDGE
GBB
