Y. Shiva Kumar vs The State Of Karnataka
2023 Latest Caselaw 2342 Kant

                                                -1-
                                                       CRL.P No. 2772 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF APRIL, 2023

                                           BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                             CRIMINAL PETITION NO. 2772 OF 2023


                   BETWEEN:

                   Y. SHIVA KUMAR,
                   AGED ABOUT 55 YEARS,
                   S/O. LATE. B. V. YELLAPPA,
                   R/AT NO.1056, 5TH CROSS,
                   6TH MAIN, PIPELINE ANJANEYA BLOCK,
                   NEAR KAVERI NAGAR,
                   KAMALA NAGAR,
                   BENGLAURU - 560 079.

                                                                ...PETITIONER

                   (BY SRI. H.C. NATARAJA, ADVOCATE)

                   AND:

Digitally signed   1.    THE STATE OF KARNATAKA,
by SHOBHA C
Location: High           BASAVESHWARA NAGAR
Court of
Karnataka                POLICE STATION,
                         BASAVESHWARA NAGAR,
                         BENGALURU - 560 079.

                   2.    SMT. CHANDRAKALA,
                         AGED ABOUT 44 YEARS,
                         W/O. Y. SHIVA KUMAR,
                         R/AT NO.1056,
                         5TH CROSS,
                         6TH MAIN, PIPELINE
                         ANJANEYA BLOCK,
                         NEAR KAVERI NAGAR,
                               -2-
                                        CRL.P No. 2772 of 2023




     KAMALA NAGAR,
     BENGALURU - 560 079.

                                                  ...RESPONDENTS

(BY SRI. MAHESH SHETTY, HCGP FOR R1;
    SRI. K. SHRIDHARA FOR R2)

      THIS CRL.P IS FILED UNDER SECTON 482 OF CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C. NO.
852/2015 REGISTERED BY THE FIRST RESPONDENT FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498-A, 307
OF IPC PENDING ON THE FILE OF THE V ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-46).

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed by the petitioner accused under

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

S.C.No.852/2015 arising out of crime No.585/2014 registered

by Basaweshwara Nagar Police Station, Bangalore and

chargesheeted for the offences punishable under Section 498A

and 307 of IPC.

2. During the pendency of the petition the petitioner

and respondent No.2 has filed joint compromise petition along

CRL.P No. 2772 of 2023

with the affidavits seeking permission of this Court to

compound the offence.

3. It is submitted by the parties both them have

disprove in family Court in M.C.No.3257/2015 the permanent

alimony is also granted. Divorce also granted she has agreed to

co-operate with the Court for the compromise and grant for

quashing the proceedings. Learned counsel for the petitioner

also submits there is no injury sustained by the respondent and

petitioner to attempt to squeeze her neck and therefore,

offences under section 307 is not attracted.

4. Considering the facts and circumstances as the

petitioner-accused is said to have tried to squeeze her neck and

there is no injury, therefore attracting Section 307 of Cr.P.C is

doubtful as there is no injury sustained by R2. Hence, there is

no hurdle to accept the compromise DD of Rs.4,50,000/- as

permanent alimony to the respondent-wife towards full and

final settlement and she acknowledges the same. Therefore,

there is no hurdle to accept the compromise. In view of the

judgment of Hon'ble Supreme Court GianSingh V/s State of

CRL.P No. 2772 of 2023

Punjab and Another reported in (2010)10 SCC 303, the parties

are permitted to compound the offence.

Accordingly, petition is allowed and the criminal

proceedings against the petitioner quashed.

Pending I.A's are hereby disposed.

Sd/-

JUDGE

PK