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Mr Sandeep Ramaswamy vs State By East Zone Women Police ...
2023 Latest Caselaw 1263 Kant

Citation : 2023 Latest Caselaw 1263 Kant
Judgement Date : 10 February, 2023

Karnataka High Court
Mr Sandeep Ramaswamy vs State By East Zone Women Police ... on 10 February, 2023
Bench: K.Natarajan
                                                   -1-
                                                             CRL.P No. 1136 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 10TH DAY OF FEBRUARY, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 1136 OF 2023
                      BETWEEN:

                      1.   MR SANDEEP RAMASWAMY
                           SON OF RAMASWAMY
                           AGED ABOUT 38 YEARS
                           RESIDING AT NO.45, 1ST FLOOR
                           2ND CROSS, BHARATHI LAYOUT
                           S G PALYA
                           BANGALORE-560029.
                                                                       ...PETITIONER
                      (BY SRI. MOHAMMED SHAKEEB M MULLA.,ADVOCATE)
                      AND:

                      1.   STATE BY EAST ZONE WOMEN POLICE STATION
                           SHIVAJINAGAR
                           BANGALORE

                           REPRESENTED BY HIGH COURT GOVERNMENT PLEADER
                           HIGH COURT OF KARNATAKA
                           BANGALORE-560001.
Digitally signed by
BHAVANI BAI G         2.   SMT KANTHAMMA C
Location: High
Court of Karnataka         WIFE OF CHANDRASHEKHAR
                           AGED ABOUT 63 YEARS
                           RESIDING AT NO.1146, 22ND CROSS
                           23RD MAIN 2ND SECTOR
                           HSR LAYOUT
                           BANGALORE-560 102.
                                                                     ...RESPONDENTS
                      (BY SRI. B.J. ROHITH, HCGP FOR R1
                       SRI. SANTOSH GOGI, ADVOCATE FOR R2)
                            THIS CRIMINAL PETIITON IS FILED UNDER SECTION 482 OF
                      CR.P.C. PRAYING TO QUASH THE COMPLIANT DATED 17.03.2022
                      AND FIR IN REGISTERED VIDE CR.NO.41/2022 BEFORE THE EAST
                      ZONE WOMEN POLICE STATION FOR THE OFFENCES PUNISHABLE
                      UNDER SECTIONS 323,498-A,504,506 OF IPC (ANNEXURE A AND B)
                                   -2-
                                            CRL.P No. 1136 of 2023




AND ENTIRE PROCEEDINGS IN C.C.NO.24385/2022 PENDING
BEFORE THE HONBLE VI ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AT BENGALURU (ANNEXURE C).

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

Learned High Court Government Pleader accepts notice

for the respondent No.1-State.

2. Sri Santosh Gogi, learned counsel filed vakalath on

behalf of respondent No.2.

3. This petition is filed by the petitioner-accused under

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

C.C.No.24385/2022 pending on the file of VI Additional CMM,

Bengaluru, arising out of Crime No.41/2022 registered by East

Zone Women Police Station, Bengaluru, for the offence

punishable under Sections 498A, 323, 504, 506 of IPC.

4. During pendency of the petition, both petitioner and

respondent No.2 filed joint compromise application on

I.A.No.1/2023 under Section 320 of Cr.P.C. along with joint

affidavit and submits that the dispute has been settled before

the Family Court, Bengaluru in M.C.No.2722/2022 between the

parties therein.

CRL.P No. 1136 of 2023

5. Respondent No.2 appeared through video

conferencing and submits that herself and her counsel have no

objection to quash the criminal proceedings against the

petitioner.

6. 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 respect of a matrimonial case, the Court can

quash the proceedings.

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

are permitted to compound the offences. Consequently, the

petition is allowed.

The criminal proceedings against the petitioner in

C.C.No.24385/2022 pending on the file of VI Additional CMM,

Bengaluru is hereby quashed.

Sd/-

JUDGE

GBB

 
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