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