Karnataka High Court
Sri. Arjun S vs State Of Karnataka on 28 February, 2023
Bench: K.Natarajan
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CRL.P No. 1520 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1520 OF 2023
BETWEEN:
1. SRI. ARJUN S
AGED ABOUT 34 YEARS,
S/O SHYAM SUNDAR,
RESIDING AT NO 4/1,
4TH MAIN, SAKAMBARINAGAR,
J P NAGAR, 1ST PHASE,
BENGALURU 560078
...PETITIONER
(BY SRI. MAHESH Y.L.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BASAVANAGUDI WOMEN P S
REPRESENTED BY HCGP
HIGH COURT OF KARNATAKA
BENGALURU 560001
2. SHRUTHI N
Digitally signed by
SHOBHA C AGED ABOUT 30 YEARS,
Location: High Court
of Karnataka W/O ARJUN S,
RESIDING AT NO 760,
22ND MAIN ROAD, 2ND BLOCK,
JNANABHARATHI LAYOUT,
MARIYAPPANAPALYA,
BENGALURU 560056
...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1
R2 APPEARED BEFORE COURT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST
RESPONDENT POLICE/ BASAVANAGUDI WOMEN P.S. IN
CR.NO.122/2022 (ANNEXURE-A) DATED 12.04.2022 AGAINST THE
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CRL.P No. 1520 of 2023
PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A, 504, 506 OF IPC AND UNDER SECTIONS 3, 4 OF D.P ACT AND
QUASH THE COMPLAINT AT ANNEXURE-B PENDING ON THE FILE OF
HONBLE 37TH A.C.M.M., AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under
Section 482 of Cr.P.C. for quashing FIR in Crime No.122/2022
registered by the respondent Basavanagudi Women's Police
Station, for the offences punishable under Sections 498A, 504,
506 of IPC and Sections 3 and 4 of Dowry Prohibition Act,
1961.
2. During the pendency of the petition, both the
petitioner and respondent No.2 filed joint compromise petition
along with joint affidavit and they submit that they have settled
the matter in M.C. No.7766/2022 before the Family Court on
06.01.2023. Respondent No.2 is appeared in person and for
identification proof, she has produced a copy of Adhar card.
3. Therefore, in view of judgment of Hon'ble Supreme
Court in case of Gian Singh Vs. State of Punjab and
Another reported in (2012) 10 SCC 303 wherein it has been
held that in matrimonial case, if the parties have settled the
CRL.P No. 1520 of 2023
dispute between them, the Court can quash the criminal
proceedings if it is not affecting the interest of the public at
large. In view of the same, the parties have settled the dispute
amicably and therefore I.A.No.2/2023 requires to be allowed.
The parties are permitted to compound the offence. Hence
I.A.No.2/2023 is allowed.
4. Consequently, the criminal petition is allowed. The FIR
in Crime No.122/2022 registered against the petitioner by the
respondent Basavanagudi Women's Police Station, for the
offences punishable under Sections 498A, 504, 506 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, 1961, is hereby
quashed.
Pending I.A. if any, does not survive for consideration. It
is accordingly disposed of.
Sd/-
JUDGE
CS
