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