Citation : 2023 Latest Caselaw 748 Kant
Judgement Date : 11 January, 2023
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.11957 OF 2022
BETWEEN
MR R KEERTHI PRAKASH @
KEERTHIPRAKASH RAMEGOWDA
S/O RAMEGOWDA B L
AGED ABOUT 41 YEARS
PERMANENT R/AT NO.500
26TH CROSS, 1ST PHASE
VIJAYANAGAR, 4TH STAGE
MYSORE 570030
PRESENTLY R/AT NO.24
ROBERT PARKER ROAD
READING, BERKSHIRE
RG13FN, UK
REP BY HIS POWER OF ATTORNEY HOLDER
SRI RAMEGOWDA B L
PEMANENT R/AT NO 500
26TH CROSS, 1ST PHASE
VIJAYANAGAR, 4TH PHASE
MYSORE - 570 030 ... PETITIONER
(BY SRI SHARATH GOWDA G B , ADVOCATE)
AND
1 . STATE OF KARNATAKA BY
WOMEN POLICE STATION
2
MYSORE 560002
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
2 . SMT VINDYA K @
VINDYA KRISHNEGOWDA
D/O SRI S KRISHNEGOWDA
W/O MR R KEERTHI PRAKASH
AGED ABOUT 29 YEARS
R/AT SHARAVATHI ROAD
5TH CROSS
SUBRAMANYA NAGAR
III STAGE, VIJAYANAGAR
MYSURU 570030
... RESPONDENTS
(BY SRI ROHITH B.J., HCGP FOR R1
SRI R. NANDISH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C PRAYING TO QUASH THE FIR AND
COMPLAINT IN CR.NO.97/2016 ON THE FILE OF THE IV
ADDL. CIVIL JUDGE (Sr.Dn) AND JMFC, MYSORE AND
CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS.
THIS CRIMINAL 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 Nandish.R, learned counsel filed vakalath
on behalf of respondent No.2.
3. This petition is filed by the petitioner-accused
No.1 under Section 482 of Cr.P.C. for quashing the FIR in
Crime No.97/2016 on the file of IV Additional Civil Judge
(Sr.Dn.) and JMFC Court, Mysore for the offence
punishable under Section 498A read with Section 34 of IPC
and Sections 3 and 4 of the D.P. Act.
4. During pendency of the petition, both
petitioner and respondent No.2 appeared before the Court
along with their counsels and filed joint compromise
application on I.A.No.1/2023 under Section 320 read with
Section 482 of Cr.P.C. along with affidavit of respondent
No.2 to compound the offence.
5. The petitioner appeared through video
conferencing as he is said to be staying at United Kingdom.
The GPA holder Sri Ramegowda B.K., who is the father of
the petitioner is present before the Court.
6. The learned counsel for the petitioner submits
that the matter has been settled between the parties. In
view of settlement, the petitioner has agreed to pay
Rs.22,00,000/- to respondent No.2 and has paid
Rs.10,00,000/- and another amount of Rs.12,00,000/- is
payable before the Family Court during the divorce
petition.
7. The submission of both the parties are placed
on record.
8. In view of settlement between the parties and
inview 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. Therefore, the
parties are permitted to compound their offences.
9. Accordingly, I.A.No.1/2023 is allowed.
Consequently, the petition is allowed.
The FIR against the petitioner in Crime No.97/2016
on the file of IV Additional Civil Judge (Sr.Dn.) and JMFC
Court, Mysore is hereby quashed.
Sd/-
JUDGE GBB
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