Karnataka High Court
Sri. Shivaprasad T S vs State Of Karnataka on 20 January, 2023
Bench: K.Natarajan
-1-
CRL.P No. 10451 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 10451 OF 2022
BETWEEN:
1. SRI. SHIVAPRASAD T S
S/O SRI SHIVALINGAMURTHY T R
AGED 29 YEARS
2. SMT SHOBHA H V
W/O SRI SHIVALINGAMURTHY T R
AGED 61 YEARS
3. SRI. SHIVALINGAMURTHY T R
S/O LATE RUDRAIAH T S
AGED 72 YEARS
ALL ARE RESIDING AT 4TH CROSS
MAHALAKSHMINAGAR
GUBBI
TUMKUR - 572216
Digitally signed ...PETITIONERS
by SHOBHA C (BY SRI. GIRISH N R.,ADVOCATE)
Location: High
Court of AND:
Karnataka
1. STATE OF KARNATAKA
STATION HOUSE OFFICER
ELECTRONIC CITY POLICE STATION
BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU
-2-
CRL.P No. 10451 of 2022
2. SMT NIVEDITHA V S
W/O SHIVAPRASAD T S
AGED ABOUT 28 YEARS
R/AT NO.15/25 2ND MAIN ROAD
NEAR USHA KIRAN APARTMENT
MARENAHALLI
VIJAYANAGAR
BENGALURU - 560040
...RESPONDENTS
(BY SRI. L. CHANDRASHEKAR, ADVOCATE FOR R2
SRI. R.D. RENUKARADHYA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.5600/2022, EMANATING OUT OF FIR BEARING
CR.NO.365/2021 REGISTERED WITH HEBBAGODI POLICE
STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION
498A OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION
ACT AGAINST THE PETITIONERS NO.1 TO 3 IN THIS PETITION,
PENDING ON THE FILE OF LEARNED II ADDITIONAL CIVIL
JUDGE AND J.M.F.C., ANEKAL.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice
for respondent No.1-State.
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.5600/2022 pending on the file
CRL.P No. 10451 of 2022
of II Additional Civil Judge and JMFC, Anekal in Crime
No.365/2021 registered by Hebbagodi Police Station, Bengaluru
for the offences punishable under Section 498A of IPC and
Sections 3 and 4 of the D.P. Act.
3. Sri Chandrashekar L, learned counsel filed vakalath
on behalf of respondent No.2.
4. During pendency of the petition, both petitioner
No.1 and respondent No.2 filed joint compromise application on
I.A.No.1/2023 under Section 320 read with Section 482 of
Cr.P.C. seeking permission to compound the offence as they
have already said to be settled their disputes before the Family
Court .
5. Respondent No.2 appeared through video
conferencing and submits that she has no objection to
compound the offence.
6. The order sheet reveals that they have obtained
divorce by consent under Section 13B of the Hindu Marriage
Act, 1956 before the V Additional Principal Judge, Family Court,
Bengaluru in M.C.No.5635/2022.
CRL.P No. 10451 of 2022
7. 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.
8. Accordingly, I.A.No.1/2023 is allowed. Parties are
permitted to compound the offences.
Consequently, the petition is allowed.
The criminal proceedings against the petitioners-accused
Nos.1 to 3 in C.C.No.5600/2022 pending on the file of II
Additional Civil Judge and JMFC, Anekal is hereby quashed.
Sd/-
JUDGE
GBB
