Sri Shivakumar C vs State Of Karnataka
2023 Latest Caselaw 888 Kant

                             1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF JANUARY, 2023

                           BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.9533 OF 2022
BETWEEN

1 . SRI SHIVAKUMAR C
    AGED ABOUT 36 YEARS
    S/O CHIKKANANJAPPA

2 . SRI. CHIKKANANJAPPA
    AGED ABOUT 63 YEARS
    S/O LATE NANJAIAH

3 . SMT. JANAKAMMA @ JANAKI G.
    AGED ABOUT 57 YEARS
    W/O CHIKKANANJAPPA

     ALL ARE R/AT NO. 49,
     1st MAIN ROAD, 3rd CROSS,
     VALLABHANAGARA
     DODDAKALLASANDRA
     KONANKUNTE CROSS,
     BENGALURU 560062
                                          ... PETITIONERS
(BY SRI B.V. MANJUNATHA, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY THE POLICE OF ANNAPURNESHWARINAGARA
      BENGALURU 560 072

      REP BY THE STATE PUBLIC
      PROSECUTOR,
      HIGH COURT OF KARNATAKA
      BENGALURU 560 001
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2.   SMT. N ARPITHA
     D/O H NAGARAJU
     R/AT NO. 61, 4TH CROSS,
     2ND MAIN, 13TH BLOCK,
     2ND STAGE, NAGARABHAVI
     BENGALURU 560 072
                                            ... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
 SRI N. KIRAN, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH AND SET ASIDE THE
PROCEEDINGS IN C.C.NO.33929/2021 ON THE FILE OF THE V
A.C.M.M., AT BENGALURU.

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

                            ORDER

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.33929/2021 on the file of V ACMM,

Bengaluru in Crime No.141/2021 registered by

Annapoorneshwari Nagar Police Station, Bengaluru for the

offence punishable under Section 498A, 34 of IPC and

Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for

short 'D.P. Act')

2. Learned High Court Government Pleader

accepts notice for respondent No.1-State.

3. Sri N. Kiran, learned counsel filed vakalath on

behalf of respondent No.2.

4. During pendency of the petition, both

petitioners and respondent No.2 appeared before the Court

along with their counsel and filed joint compromise

application on I.A.No.1/2023 under Section 320(1) read

with Section 482 of Cr.P.C., seeking permission to

compound the offences.

5. Respondent No.2 submits that she has no

objection to close the matter.

6. In view of settlement between the parties in

matrimonial case in M.C.No.1134/2021 and 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. Accordingly, I.A.No.1/2023 is

allowed. Consequently, the petition is allowed.

7. The criminal proceedings against the

petitioners-accused Nos.1 to 3 in C.C.No.33929/2021 on

the file of V ACMM, Bengaluru is hereby quashed.

Sd/-

JUDGE GBB