Citation : 2023 Latest Caselaw 1777 Kant
Judgement Date : 10 March, 2023
-1-
CRL.P No. 3951 of 2022
C/W CRL.P No. 8210 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 3951 OF 2022
C/W
CRIMINAL PETITION NO. 8210 OF 2021
IN CRL.P NO.3951/2022
BETWEEN:
1. MR. KETHIREDDY KALADHAR REDDY,
S/O RAMAKOTA REDDY,
AGED 43 YEARS, NO.1-14-4A,
KETHIREDDY VARE STREET,
OLD TOWN, KAVALI,
NELLORE DISTRICT - 524 201.
Digitally (AT PRESENT ACCUSED NO.1 IS RESIDING
signed by
SANJEEVINI
JAIWANTH
AT AMERICA NOT ARRESTED)
KARISHETTY
Location:
HIGH COURT
OF
2. SRI. SHASHIDHAR REDDY @ KETHI REDDY,
KARNATAKA
RAMAKOTA REDDY S/O KETHI REDDY,
RAMAKOTA REDDY, AGED 41 YEARS,
NO.1-14-4A,
KETHIREDDY VARE STREET,
OLD TOWN, KAVALI,
NELLORE DISTRICT - 524 201.
...PETITIONERS
(BY SRI. SHAIKH SAOUD.,ADVOCATE)
-2-
CRL.P No. 3951 of 2022
C/W CRL.P No. 8210 of 2021
AND:
1. THE STATE BY,
SANJAY NAGARA POLICE,
REPRESENTED BY,
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT. DUNDU MALINI,
W/O KETHI REDDY KALANDAR,
AGED ABOUT 41 YEARS,
NO 275,
13TH CROSS, R. M. V.
2ND STAGE,
DOLLERS COLONY,
SANJAY NAGAR,
BENGALURU CITY,
KARNATAKA - 560 094.
...RESPONDENTS
(BY SRI. G.B. SHARATH GOWDA .,FOR R2,
SRI. MAHESH SHETTY., HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.20068/2019
FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC
AND SEC.3 AND 4 OF D.P ACT, AGAINST THE PETITIONES,
PENDING ON THE FILE OF THE 8TH A.C.M.M COURT,
BENGALURU WHICH IS AN OUTCOME OF SANJAYNAGAR P.S.,
CR.NO.27/2019.
IN CRL.P NO.8210/2021
BETWEEN:
-3-
CRL.P No. 3951 of 2022
C/W CRL.P No. 8210 of 2021
1. MR. RAMAKOTA REDDY,
S/O KETHI REDDY VENKATSWAMY REDDY,
AGED ABOUT 71 YEARS,
NO.1-14-4A,
KETIREDDY VARE STREET,
OLD TOWN,
KAVALI DISTRICT,
NELLORE,
PIN CODE NO. - 524 201(AP).
2. SRI. USHA RANI
W/O RAMAKOTA REDDY,
AGED ABOUT 41 YEARS,
NO.1-14-4A,
KETIREDDY VARE STREET,
OLD TOWN,
KAVALI DISTRICT,
NELLORE,
PIN CODE NO. - 524 201(AP).
...PETITIONERS
(BY SRI. SHAIKH SAOUD.,ADVOCATE)
AND:
1. THE STATE BY,
SANJAY NAGARA POLICE STATION,
REPRESENTED BY,
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT. DUNDU MALINI,
W/O KIRTHY REDDY KALANDAR,
AGED ABOUT 44 YEARS,
-4-
CRL.P No. 3951 of 2022
C/W CRL.P No. 8210 of 2021
AGED 45 YEARS,
R/O NO. 275,
13TH CROSS, R. M. V.
2ND STAGE,
DOLOR'S COLONY,
SANJAY NAGARA,
BENGALURU - 560 094.
...RESPONDENTS
(BY SRI.MAHESH SHETTY., HCGP FOR R1,
SRI. G.B. SHARATH GOWDA., FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.20068/2019
FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W 34 OF IPC
AND SEC.3 AND 4 OF D.P ACT, AGAINST THE PETITIONES,
PENDING ON THE FILE OF THE VIII ACMM, BANGALORE AT
ANNEXURE-C.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader takes notice
for the respondent State.
Sri.G.B.Sharath Gowda learned counsel appears for
respondent No.2 in Crl.P.8210/2021.
CRL.P No. 3951 of 2022 C/W CRL.P No. 8210 of 2021
Crl.P.8210/2021 is filed by petitioners/accused Nos.3
and 2 and Crl.P.3951/2022 is filed by petitioners/accused
Nos.1 and 4 under Section 482 of Cr.P.C for quashing
criminal proceedings in C.C.No.20068/2019 pending on
the file of the 8th ACMM Court Bengaluru arising out of
Crime No.27/2019, registered by Sanjaynagar police, and
charge-sheeted for the offences punishable under Sections
498A, 323, 504, 506 read with Section 34 of the IPC, and
Sections 3 and 4 of the Dowry Prohibition Act, 1961.
During the pendency of the petition, both
petitioners and respondents appeared through their
counsels and filed a joint compromise petition. Respondent
No.2 filed an affidavit and submitted that they settled their
issues in the United States of America. Accused No.1
appears through video conference from the United States
of America.
In view of the affidavit filed by respondent No.2,
as she is withdrawing the complaint and allegations
CRL.P No. 3951 of 2022 C/W CRL.P No. 8210 of 2021
against the petitioners, considering the facts, when the
matter has been settled between the parties, and in view
of the judgment rendered by the Hon'ble Apex Court in
Gian Singh vs State of Punjab and another (2012) 10
SCC 303, the Court can withdraw the criminal petition.
Accordingly, I.A.No.1/2023 is allowed. Parties are
permitted to compound their offence.
Consequently, both criminal petitions are allowed.
The criminal proceedings against petitioner Nos.1 to 4 in
C.C.No.20068/2019 pending on the file of 8th ACMM
Court, Bengaluru arising out of crime No.27/2019
registered by the Sanjaynagar police are hereby quashed.
Sd/-
JUDGE
HDK
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