K N Bharath Kumar vs State Of Kadugodi Police Station
2023 Latest Caselaw 2149 Kant

                                                      -1-
                                                            CRL.P No. 1494 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 10TH DAY OF APRIL, 2023

                                                   BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL PETITION NO. 1494 OF 2023
                       BETWEEN:

                       1.   K N BHARATH KUMAR
                            S/O K.P. NAGARAJU,
                            AGED 36 YEARS,
                            R/AT 148, 4TH CROSS,
                            LOWER PALACE ORCHARD,
                            SADASHIVANAGAR,
                            BANGALORE - 560003.

                       2.   SRI. K.P. NAGARAJU
                            S/O LATE PUTTASWAMY,
                            AGED 72 YEARS,

                       3.   SMT. MANJULADEVI
                            W/O SRI. K.P. NAGARAJU,
                            AGED 65 YEARS,

                            PETITIONERS NO.2 AND 3 ARE
                            R/AT NO. 34/A, 3RD MAIN,
Digitally signed by
BHAVANI BAI G
                            8TH CROSS, JAYANAGAR,
Location: High Court
of Karnataka
                            MYSORE - 570014.
                                                                     ...PETITIONERS
                       (BY SRI. BASAVARAJU B.,ADVOCATE)

                       AND:

                       1.   STATE OF KADUGODI POLICE STATION
                            NEAR BMTC BUS STAND,
                            KADUGODI,
                            BENGALURU - 560067.

                       2.   SMT. PREETHI PREMKUMAR
                            W/O K.N. BHARATHKUMAR,
                               -2-
                                       CRL.P No. 1494 of 2023




    D/O PREMKUMAR,
    AGED 35 YEARS,
    R/AT NO.1003, NITESH FOREST
    HILLS, SHIGEHALLI,
    KANNAMANGALA,
    BENGALURU
                                                 ...RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1
 SRI. V.G. BHANUPRAKASH, ADVOCATE FOR R2)
      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO ALLOW THE INSTANT PETITION AND QUASH
THE COMPLAINT DATED 07.07.2018, FILED BY THE RESPONDENT
NO.2, FIR NO.159/2018 DATED 07.07.2018, AND CHARGE SHEET
AND THE ENTIRE PROCEEDINGS IN C.C.NO.8329/2019, ON THE FILE
OF CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU RURAL AT
BENGALURU, AGAINST THE PETITIONER FOR THE OFFENCE P/U/S
498A, 323 OF THE IPC AND UNDER SECTIONS 3 AND 4 OF D.P ACT.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                             ORDER

Learned High Court Government Pleader accepts notice

for respondent No.1-State.

Sri V.G. Bhanuprakash, learned counsel appeared on

behalf of respondent No.2.

This petition is filed by the petitioners-accused Nos.1 to 3

under Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.8329/2019, pending on the file of CJM,

Bengaluru Rural arising out of Crime No.159/2018 registered

by the Kadugodi Police Station and charge-sheeted for the

offences punishable under Sections 323, 498A of Indian Penal

CRL.P No. 1494 of 2023

Code, 1860 (for short 'IPC') and Sections 3 and 4 of the Dowry

Prohibition Act, 1961 (hereinafter referred to as 'D.P. Act')

2. During 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.1/2023 under Section 320(2) read with Section 482 of

Cr.P.C. along with the joint affidavit seeking permission of this

Court for compounding the offence and submitted that they

have settled their issues before the Family Court and divorce

also granted. In terms of the divorce, petitioner No.1 has

agreed to pay Rs.45,00,000/- towards full and final settlement

to the respondent No.2, out of which, Rs.20,00,000/- already

paid before the Family Court and remaining Rs.25,00,000/-

paid today before the Court by way of Demand Draft. The

same is received and acknowledged by respondent No.2.

3. In view of settlement between the parties and in

view of the judgment of the Hon'ble Supreme Court 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

CRL.P No. 1494 of 2023

respect of a matrimonial case, the Court can quash the

proceedings.

4. Accordingly, I.A.No.1/2023 is allowed. The parties

are permitted to compound the offence.

5. Consequently, the petition is allowed. The criminal

proceedings against the petitioners-accused Nos.1 to 3 in

C.C.No.8329/2019 pending on the file of CJM, Bengaluru Rural

is hereby quashed.

Sd/-

JUDGE

GBB