Sri Nataraj T vs The State Of Karnataka
2022 Latest Caselaw 13212 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF NOVEMBER, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION NO.11187 OF 2022

BETWEEN

1 . SRI NATARAJ T
    S/O LATE THIPPERUDRAIAH
    AGED ABOUT 43 YEARS

2 . SMT NAGARATHNA
    W/O LATE THIPPERUDRAIAH
    AGED ABOUT 68 YEARS

   BOTH ARE R/AT BILWA NILAYA
   5TH CROSS
   SIDDARAMESHWARA BADAVANE
   TUMKUR -572103
                                         ... PETITIONERS

(BY SRI SANCHAN JAI NANDAN, ADVOCATE)

AND

1 . THE STATE OF KARNATAKA
    THROUGH WOMEN P S TUMAKURU
    REPRESENTED BY
    THE STATE PUBLIC PROSECUTOR
    HIGH COURT BUILDING -560001

2 . SMT SAVITHA A N
    D/O NANJUNDAIAH
    AGED ABOUT 40 YEARS
    R/AT NO.815 3RD CROSS
    7TH MAIN 11TH BLOCK
                                  2


     NAGARABHAVI 2ND STAGE
     BENGALURU -560072
                                       ... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
 SRI K.B. CHANDRASHEKAR, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.106/2019 PENDING
BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE AND
J.M.F.C., TUMAKURU (CHARGE SHEETED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 504, 506, 498A, 323 READ
WITH SECTION 34 OF IPC AND SECTION 4 OF DOWRY
PROHIBITION ACT IN CR.NO.01/2019 BEFORE WOMEN P.S.,
TUMAKURU)

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

                               ORDER

This petition is filed by the petitioner under Section

482 of Cr.P.C. for quashing the criminal proceedings in

C.C.No.106/2019 pending on the file of II Additional Senior

Civil Judge and JMFC, Tumakuru for the offence punishable

under Sections 504, 506, 498A, 323 read with Section 34

of IPC and Section 4 of Dowry Prohibition Act in

Crime.No.01/2019 registered by Women Police Station,

Tumakuru.

2. During the pendency of the petition, both

petitioners and respondent No.2 appeared before the Court

along with their counsels and filed joint compromise

application on I.A.No.1/2022 under Section 320 read with

Section 482 Cr.P.C, also produced the Memorandum of

Settlement undertaken by both parties in

MC.No.337/2021.

3. Both petitioners and respondent No.2 appeared

and submits that the matter is settled between them.

4. Submission of both the parties are placed on

record.

5. 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, the criminal

proceedings required to be quashed.

6. Accordingly, the criminal petition is allowed.

7. The proceedings filed against petitioners in

C.C.No.106/2019 pending on the file of II Additional Senior

Civil Judge and JMFC, Tumakuru for the offence punishable

under Sections 504, 506, 498A, 323 read with Section 34

of IPC and Section 4 of Dowry Prohibition Act in

Crime.No.01/2019 registered by Women Police Station,

Tumakuru, is hereby quashed.

Sd/-

JUDGE

AKV