Citation : 2023 Latest Caselaw 1710 Kant
Judgement Date : 6 March, 2023
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CRL.P No. 8168 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 8168 OF 2022
BETWEEN:
1. SRI. VINOD RAMACHANDRAIAH
SON OF RAMACHANDRAIAH V,
AGED ABOUT 33 YEARS,
RESIDING AT NO.19,
VEERABHADRA SWAMY NILAYA,
NGEF LAYOUT MAIN ROAD,
MALATHALLI,
BENGALURU - 560 056.
...PETITIONER
(BY SRI.B. R. PRAKASH .,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY JNANABHARATHI POLICE STATION,
BENGALURU
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
Digitally signed by
SHOBHA C
HIGH COURT COMPLEX
Location: High
Court of Karnataka
BENGALURU - 560 001.
2. SMT. LASYA UMESH
WIFE OF VINOD RAMACHANDRAIAH
AGED ABOUT 31 YEARS,
RESIDING AT NO 30,
8TH B MAIN, ANNAPOORNA,
1ST CROSS, SRINIDHI LAYOUT,
VIDYARANYA PURA,
BENGALURU - 560 097.
...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1
SRI . S. SAMARTHA, ADVOCATE FOR R2 )
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CRL.P No. 8168 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C PRAYING TO QUAH THE CRIMINAL PROCEEDINGS IN
C.C.NO.27924/2018 (CR.NO.218/2018) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A OF IPC AND SECTIONS 3 AND
4 OF D.P ACT PENDING ON THE FILE OF THE IX A.C.M.M.,
BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition filed by the petitioner/accused under section
482 of Cr.P.C for quashing criminal proceedings in
CC.No.27924/2018 based upon the Crime No.218/2018
registered by the Jnanabharathi, kengeri gate sub division
police station, for the offence punishable under Section 498A,
506 read with 34 of IPC and sections 3 and 4 of DP Act.
2. During the 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 Cr.P.C.
3. Both petitioner and respondent No.2 appeared and
submits that the matter is settled before the family court and
have agreed to take divorce. Respondent No.2 and counsel
submits they have no objection to quash the criminal.
CRL.P No. 8168 of 2022
4. Submission of both the parties are placed on
record.
5. In view of joint compromise between 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.
Accordingly, the criminal petition is allowed.
The proceedings in CC.No.27924/2018 based upon the
Crime No.218/2018 registered by the Jnanabharathi, kengeri
gate sub division police station, Bengaluru, is hereby quashed.
Sd/-
JUDGE
AKV
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