Vittal Putran vs Vanishree
2023 Latest Caselaw 62 Kant

                          1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2ND DAY OF JANUARY, 2023

                        BEFORE

       THE HON'BLE MR. JUSTICE K.NATARAJAN

          CRIMINAL PETITION NO.9605 OF 2022
BETWEEN

1 . VITTAL PUTRAN
    S/O MUTHAHA MENDAN
    AGED 55 YEARS

2 . SUJATHA
    W/O VITTAL PUTRAN
    AGED 50 YEARS

3 . SUPRITHA
    W/O VINAY KOTYAN
    AGED 25 YEARS
    R/O SURAMMA NILAYA
    ANJAGUDDE
    KUTPADI KADEKAR POST
    UDUPI TALUK AND DISTRICT-576103

4 . SUJITH KUMAR
    S/O VITTAL PUTRAN
    AGED 29 YEARS

   PETITIONERS NO.1, 2 AND 4 ARE
   R/O H NO.4-117
   PAVANJEGUDDE
   BADA NIDIYUR
   UDUPI-576115
                                      ... PETITIONERS
(BY SRI SHETTY DEEPAK, ADVOCATE)
                          2




AND

1.    VANISHREE
      W/O SUJITH KUMAR
      D/O VIJAY PURTHAN
      AGED ABOUT 31 YEARS
      R/O 8-20 C PARNA KUTEERA
      SARABETTU MANIPALA
      UDUPI TALUK AND DISTRICT-576104

2.    STATE OF KARNATAKA
      REPRESENTED BY WOMEN POLICE STATION
      UDUPI

      THROUGH PUBLIC PROSECUTOR
      HIGH COURT OF KARNATAKA
      BENGALURU-560001
                                   ... RESPONDENTS
(BY SRI KIRAN N., ADVOCATE FOR R1
 SRI R.D. RENUKARADHYA, HCGP FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.3701/2021
PENDING ON THE FILE OF THE COURT OF II ADDL. CIVIL
JUDGE AND J.M.F.C AT UDUPI IN WOMEN P.S., UDUI
CR.NO.24/2021, PENDING ON THE FILE OF II ADDL.CIVIL
JUDGE AND J.M.F.C AT UDUPI FOR THE ALLEGED
OFFENCES P/U/S 3 AND 4 OF THE D.P ACT AND
SEC.498A,504,506,34 OF IPC BY ALLOWING THIS CRL.P
WITH COST THROUGHOUT.

     THIS CRIMINAL PETITION COMING ON FOR
REPORTING SETTLEMENT THIS DAY, THE COURT MADE
THE FOLLOWING:
                             3


                         ORDER

This petition is filed by the petitioners/accused Nos.1

to 4 under Section 482 of Cr.P.C for quashing criminal

proceedings in CC.No.3701/2021 pending on the file of II

Additional Civil Judge and JMFC, in Crime No.24/2021

registered by Udupi Women Police Station for the offences

punishable under Sections 3 and 4 of the Dowry Prohibition

Act and Section 498-A, 504, 506, 34 of IPC.

2. During the pendency of the petition, both parties

appeared before the court along with their counsels and

filed joint compromise affidavit for compounding the

offence

3. Both petitioner No.1 appeared through video

conference and respondent No.2 appeared before the court

and submits divorce has already been granted. Also,

respondent No.2 and her counsel submits that there is no

pending alimony.

4. Submission of both parties are placed on record.

5. In view of submission of the parties and in view

of the judgment of Hon'ble Supreme Court in the case of

Gian Singh vs. State of Punjab and Another reported

in 2012 CRI.L.J.4934, the criminal proceedings required

to be quashed.

6. Accordingly, the criminal petition is allowed.

7. The proceedings in in CC.No.3701/2021

pending on the file of II Additional Civil Judge and JMFC, in

Crime No.24/2021 registered by Udupi Women Police

Station for the offences punishable under Sections 3 and 4

of the Dowry Prohibition Act and Section 498-A, 504, 506,

34 of IPC, is hereby quashed.

Sd/-

JUDGE AKV