Karnataka High Court
Mr Shankaranarayana vs The State Of Karnataka on 17 August, 2023
Bench: Hemant Chandangoudar
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NC: 2023:KHC:29250
CRL.P No. 10815 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 10815 OF 2022
BETWEEN:
MR SHANKARANARAYANA, S/O MADHAV BHAT GHATE,
AGED ABOUT 52 YEARS
R/AT NO.103, SHIVA RESIDENCY
7TH MAIN ROAD, J.P NAGAR, 7TH PHASE
BANGALORE 560 078.
...PETITIONER
(BY SMT. MEGHANA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY S.H.O, HULIMAVU POLICE STATION
BANGALORE 560 034, REPRESENTED BY
THE STATE PUBLIC PROSECTOR
HIGH COURT OF KARNATAKA
VIDHANA SOUDHA, BANGALORE 560 001.
2. SMT. BINDU, W/O SHANKARANARAYANA D.M
AGED ABOUT 42 YEARS, R/AT NO.2
MOOKAMBIKA NILAYA, 2ND FLOOR
5TH CROS ROAD, SARASWATHIPURAM
Digitally signed by B
K
BENGALURU-570 009.
MAHENDRAKUMAR
Location: High
...RESPONDENTS
Court of Karnataka (BY SRI. P THEJESH, HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
COMPLAINT AND FIR DATED 15.12.2018 IN CR.NO.319/2018 OF
HULIMAVU POLICE STATION, BANGALORE PENDING ON THE FILE
FOP THE V ACMM, BANGALORE FOR THE OFFENCE U/S 498A
(ANNEXURE-A AND B) AND SET ASIDE THE ORDER DATED
16.08.2019 TAKING COGNIZANCE OF THE OFFENCE PASSED BY THE
V ACMM, BANGALORE IN C.C.NO.19011/2019 (ANNEXURE-C) AND
ETC.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:29250
CRL.P No. 10815 of 2022
ORDER
The learned High Court Government Pleader accepts
notice for the respondent No.1.
2. The service of notice to the respondent No.2 is
dispensed with.
3. The petitioner - accused, who is sought to be
prosecuted for the offence punishable under Section 498A of
IPC, is before this Court.
4. The case of the prosecution is that, the accused is
the husband of the defacto complainant, and he subjected her
to cruelty both mentally and physically.
5. The learned counsel for the petitioner has placed on
record the mediation report in MC No.12/2021 filed by the
defacto complainant.
6. The defacto complainant had filed a petition under
Section 125 of Cr.PC claiming maintenance, and the said
matter was referred to the Mediation Center to explore the
possibility of settlement. Before the Mediation Center, the
parties have amicably settled the dispute among themselves,
and in terms of the settlement, the marriage of the accused
with the defacto complainant has been mutually dissolved in
Original Petition No.759/2022 by judgment dated 15.5.2023,
and the respondent No.2 has no objection for quashing the
impugned proceeding.
NC: 2023:KHC:29250
CRL.P No. 10815 of 2022
7. Though the offences are cognizable and non-
compoundable, however, having regard to the fact that, the
parties have amicably settled the dispute among themselves,
and the respondent No.2 having agreed to withdraw all the
allegations made by her, it would be futile exercise if the
petitioner - accused is subjected to trial, since the probability of
his conviction is remote and bleak in view of the settlement.
Hence, the continuation of criminal proceeding will be an abuse
of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in CC No.19011/2019
arising out of Crime No.319/2018 pending on the file of the
learned 5th Additional Chief Metropolitan Magistrate, Bengaluru
is hereby quashed.
Sd/-
JUDGE
BKM
