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Senthil Kumar vs State Of Karnataka
2023 Latest Caselaw 1902 Kant

Citation : 2023 Latest Caselaw 1902 Kant
Judgement Date : 16 March, 2023

Karnataka High Court
Senthil Kumar vs State Of Karnataka on 16 March, 2023
Bench: K.Natarajan
                                                     -1-
                                                           CRL.P No. 446 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 16TH DAY OF MARCH, 2023

                                               BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 446 OF 2023
                      BETWEEN:

                      1.    SENTHIL KUMAR
                            S/O LATE MARUDHA MUTHU
                            AGED 39 YEARS,
                            R/AT NO.47, 1ST CROSS,
                            2ND BLOCK, DASAPPA LAYOUT,
                            RAMAMAURTHY NAGAR,
                            DV NAGAR POST,
                            NEXT TO AROGYA HOLISTIC CENTRE,
                            BANGALORE-560 016.

                      2.    BHARATHI
                            W/O PANNER SELVAM
                            AGED 45 YEARS,
                            R/AT NO.6, SABAPATHY LANE,
                            K.KAMARAJ ROAD CROSS,
                            BANGALORE-560 001.
Digitally signed by                                               ...PETITIONERS
SHOBHA C
Location: High        (BY SRI. CHIKKA HONNAIAH.,ADVOCATE)
Court of Karnataka
                      AND:

                      1.    STATE OF KARNATAKA
                            BY HALASURGATE WOMEN POLICE STATION
                            REP BY THE STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA
                            BANGALORE-560 001.

                      2.    T.SUJITHA
                            W/O SENTHIL KUMAR,
                            AGED 38 YEARS,
                            R/AT NO.47, 1ST CROSS,
                                  -2-
                                             CRL.P No. 446 of 2023




    2ND BLOCK, DASAPPA LAYOUT,
    RAMAMURTHY NAGAR,
    DV NAGAR POST,
    NEXT TO AROGYA HOLISTIC CENTRE,
    BANGALORE-560 016.
                                                   ...RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1
 SRI. S. JAGAN BABU, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE         PROCEEDINGS IN
CRIMINAL CASE IN S.C.NO.46/2018 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A, 506 AND 313 OF IPC
AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT
PENDING ON THE FILE OF XLV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, CCH-46, BENGALURU ARISING OUT OF
CR.NO.75/2012 OF THE 1ST RESPONDENT HALASURGATE
WOMEN POLICE STATION, BENGALURU.

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

This petition filed by the petitioner/accused Nos.1 and 2

under section 482 of Cr.p.C for quashing the criminal

proceeding filed against the petitioners in S.C.No.46/2018 for

the offence punishable under Sections 498A, 506 an 313 of IPC

and under section 3 and 4 of Dowry Prohibition act pending on

the file of Additional Sessions Judge, Bengaluru arising out of

Crime No.75/2012 registered by Halasurgate Women Police

Station, Bengaluru.

2. During the pendency of the petition/petitioner Nos.1

and 2 and respondent no.2 filed joint compromise application in

CRL.P No. 446 of 2023

I.A.No.1/2023 filed under section 320 read with 482 of Cr.P.C

and submits both of them have settled their issues and they

are living together as husband and wife. Therefore prayed for

quashing the criminal proceeding by accepting the settlement.

3. The submission of both the learned counsel for parties

are placed on record.1

4. 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. Hence, I.A.No.1/2023 is allowed and the parties are

permitted to compound the offence.

Accordingly, the criminal petition is allowed.

The proceedings filed against petitioners in

S.C.No.46/2018 pending on the file of Additional Sessions

Judge, Bengaluru arising out of Crime No.75/2012 registered

by Halasurgate Women Police Station, Bengaluru, is hereby

quashed.

Sd/-

JUDGE

 
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