Smt Shwetha Rao D vs The State Of Karnataka
2022 Latest Caselaw 12512 Kant

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF OCTOBER, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE K.NATARAJAN

          CRIMINAL PETITION NO.5762 OF 2021

BETWEEN

1 . SMT SHWETHA RAO D
    D/O D SHEKAR RAO,
    AGED ABOUT 35 YEARS,

2 . SRI SHASHANK D RAO
    S/O D SHEKAR RAO,
    AGED ABOUT 31 YEARS,

3 . SRI SHEKAR RAO D
    S/O KRISHNA RAO,
    AGED ABOUT 69 YEARS,

     ALL ARE R/AT NO.45, SFS 407,
     YELAHANKA NEW TOWN,
     BENGALURU-560064
                                      ... PETITIONERS
(BY SRI RAMACHANDRA M B, ADVOCATE)

AND

1.     THE STATE OF KARNATAKA
       BY YELAHANKA NEW TOWN POLICE STATION,
       REPRESENTED BY LEARNED STATE PUBLIC
       PROSECUTOR,
       HIGH COURT BUILDING,
       BANGALORE-560001
                              2



2.   SRI GIRISH GANGANAGAIAH
     S/O G V GANGANAGAIAH,
     AGED ABOUT 43 YEARS,
     R/AT NO.136, 10TH CROSS,
     2ND BLOCK, R TNAGAR,
     BENGALURU-560032
                                         ... RESPONDENTS

(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
 SMT G.K. BHAVANA, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C PRAYING TO QUASH THE FIR ISSUED IN
CR.NO.102/2021 OF RESPONDENT NO.1 POLICE FOR THE
OFFENCES        PUNISHABLE         UNDER           SECTIONS
506,341,504,323   READ    WITH     SECTION    34    OF   IPC
AGAINST THE PETITIONERS AND THE SAME IS PENDING
FOR INVESTIGATION ON THE FILE OF XXX ADDL.C.M.M.,
BENGALURU.


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

                         ORDER

This petition is filed by the petitioners-accused Nos.1

to 3 under Section 482 of Cr.P.C. for quashing the FIR in

Crime No.102/2021 registered by Yelahanka New Town

Police Station, Bengaluru for the offences punishable under

Sections 506, 341, 504, 323 read with Section 34 of IPC.

2. Heard the learned counsel for the petitioners

and learned High Court Government Pleader for

respondent No.1-State and learned counsel for the

respondent No.2.

3. The learned counsel for the respondent filed a

memo along with the judgment of the Co-ordinate Bench

in W.P.No.16070/2021 c/w W.P.No.16076/2021 dated

05.09.2022. There was a settlement between the

petitioners and the defacto-complainant in all M.C.

matters, GMWC matters and other cases and therefore,

the defacto-complainant has no objection to quash the FIR

against the petitioners.

4. Learned counsel for the petitioners also

submits that the matter has been settled between the

parties and even the Police have said to be filed B-Final

report before the Magistrate and the Magistrate has not

yet accepted the B-Final report and no notice has been

issued by the Magistrate to the defacto-complainant.

Learned counsel for the respondents submits that the

matter has already been settled between the parties and

has no objection to quash the FIR.

5. Considering the facts and circumstances of the

case, once petitioner No.1 is said to be the wife and the

defacto-complainant is said to be husband and there was

matrimonial dispute between the parties and all the

matters are said to be settled before the Co-ordinate

Bench and in view of the settlement before the Co-ordinate

Bench and by filing B-Final report by the Police before the

Magistrate, therefore, continuing the criminal proceedings

or continuing the investigation against the petitioners is

abuse of process of law. Therefore, the FIR against the

petitioners is liable to be quashed.

6. Accordingly, the petition is allowed.

The FIR in Crime No.102/2021 against the

petitioners-accused Nos.1 to 3 registered by the Yelahanka

New Town Police Station, Bengaluru for the offences

punishable under Sections 506, 341, 504, 323 read with

Section 34 of IPC is hereby quashed.

Sd/-

JUDGE

GBB