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Pradeep Kumar @ Pradeep.S vs The State Of Karnataka
2022 Latest Caselaw 12704 Kant

Citation : 2022 Latest Caselaw 12704 Kant
Judgement Date : 31 October, 2022

Karnataka High Court
Pradeep Kumar @ Pradeep.S vs The State Of Karnataka on 31 October, 2022
Bench: K.Natarajan
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF OCTOBER, 2022

                           BEFORE

         THE HON'BLE MR JUSTICE K.NATARAJAN

          CRIMINAL PETITION NO.8988 OF 2022


BETWEEN:

1.     PRADEEP KUMAR @ PRADEEP.S
       S/O SHANMUGAVELU
       AGED ABOUT 30 YEARS,

2.     SMT.INDIRA
       W/O. SHANMUGAVELU,
        AGED ABOUT 58 YEARS,


3.     SRI. SHANMUGA VELU
       S/O.MANIKAVELU,
       AGED ABOUT 64 YEARS,

       All ARE R/AT NO 21,
       26TH C CROSS BLAJI LAYOUT,
       KAGGADASAPURA,
       BENGALURU-560093.                ...   PETITIONERS


(BY SRI. GIRISH M S., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY THE WOMEN POLICE STATION,
       EAST ZONE
       PULIKESHINAGAR SUB DIVISION
       BANGALORE CITY-560005.
       REP BY STATE PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA
       BENGALURU.
                                 2




2.    SMT. POORNIMA L
      W/O.PRADEEP S
      R/AT NO 5TH CROSS, 7TH STAGE,
      PUTTENAHALLI, J P NAGAR,
      KARNATAKA-560078.                      ...   RESPONDENTS

(BY SRI.R.D.RENUKARADHYA, HCGP FOR R1;
     SMT. M.SHASHIKALA, ADVOCATE FOR R2)

                              ***
      THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
TO QUASH THE CRIMINAL PROSECUTION IN C.C.NO.26572/2022
INITIATED BY THE 1ST RESPONDENT-EAST ZONE WOMEN P.S.,
BENGLAURU DISTRICT, AGAINST THE PETITIONERS FOR THE
ALLEGED OFFENCE P/U/S 498A, 323, 504 AND 506 R/W 34 OF IPC,
PENDING      ON     THE      FILE     OF     THE      HONBLE
VI ADDL.C.M.M COURT AT BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, 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 charge

sheet in C.C.No.26572/2022 registered by East Zone

Women Police Station, Bengaluru District in Crime

No.43/2022 for the offences punishable under Sections

506, 498A, 504, 323 read with 34 of IPC.

2. Learned High Court Government Pleader takes

notice for respondent No.1-State.

3. Sri M. Shashikala, learned counsel takes notice

for respondent No.2 and files vakalath, the same is taken

on record.

4. During pendency of the petition, both the

petitioners and respondent No.2 appeared through their

counsel and filed compromise petition under Sections 320

read with 482 of Cr.P.C.

5. Both side learned counsel submit that the

matter has been amicably settled between the parties.

Even though the case is pending before the Family Court,

Bengaluru, in M.C.No.1276/2022 and the matter is

referred to the Mediation Centre, the parties have agreed

to close the cases with settlement.

6. Submissions of the parties as well as their

counsel are placed on record.

7. In view of the judgment passed by the Hon'ble

Supreme Court in the case of Gian Singh Vs. State of

Punjab reported in (2012)10 SCC 303, when the parties

have settled their issues of dispute in the family matters,

the Court can quash the criminal proceedings.

Accordingly, I.A.No.2/2022 is allowed.

Parties are permitted to compound the offences.

Consequently, the petition is allowed.

The proceedings in C.C. No.26572/2022 arising out

of Crime No.43/2022 registered by East Zone Women

Police Station, Bengaluru City on the file of VI Additional

C.M.M. Court, Bengaluru City are hereby quashed.

I.A. No.1/2022 filed for stay does not survive for

consideration, accordingly the same is disposed of.

Sd/-

JUDGE

HB/-

 
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