Karnataka High Court
Sudip Dutta vs State Of Karnataka on 24 March, 2023
Bench: K.Natarajan
-1-
CRL.P No. 1643 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1643 OF 2023
BETWEEN:
1. SUDIP DUTTA
S/O SUSHIL RANJAN DUTTA
AGED ABOUT 46 YEARS
R/O NO 6 A, 16TH CROSS
GAYATHRI LAYOUT, 3RD STAGE
BASAVANAPURA MAIN ROAD
KRISHNARAJAPURAM
BANGALORE 560036
PRESENTLY R/AT NO .20,
CHATESWARY COLONY
DIMAPUR
NAGALAND - 797 112
...PETITIONER
(BY SRI. MELANIE SEBASTIAN.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VARTHUR POLICE STATION
Digitally signed by
BHAVANI BAI G REP BY SPECIAL PUBLIC PROSECUTOR
Location: High HIGH COURT BUILDING
Court of Karnataka
BANGALORE - 560 001
2. SMT USHASI CHAUDHARI
W/O SUDIP DUTTA
AGED ABOUT 36 YEARS
R/AT FLAT NO 102
S V SKY VIEW APARTMENT
2ND CROSS,
GREEN GARDEN LAYOUT
KUNDANAHALLI SIGNAL
BENGALURU 560037
...RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1
MS. HEMALATA MAHISHI, ADVOCATE FOR R2)
-2-
CRL.P No. 1643 of 2023
THIS CRIMINAL IS FILED UNDER SECTION 482 OF CR.P.C.
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.5935/2015 WHICH IS PENDING ON THE FILE OF THE II
ACJM, BANGALORE RURAL DISTRICT, BANGALORE REGISTERED FOR
THE OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC AND
SECTIONS 3, 4 OF D.P. ACT.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING
ORDER
This petition is filed by the petitioner-accused No.1 under
Section 482 of Cr.P.C. for quashing the criminal proceedings in
C.C.No.5935/2015 pending on the file of II Additional CJM,
Bengaluru Rural District, Bengaluru arising out of Crime
No.25/2013 registered by Varthur Police Station, Bengaluru and
charge-sheeted for the offence punishable under Section 498A
of IPC and Sections 3 and 4 of the D.P. Act.
2. During pendency of the petition, both the petitioner
and respondent No.2 appeared before the Court along with
their counsels and filed I.A.No.1/2023 under Section 320 read
with Section 482 of Cr.P.C. seeking permission of this Court to
compound the offence. The parties have also filed independent
affidavit for having settled their issues. They have also filed
joint petition for divorce by mutual consent under Section 13(B)
of the Hindu Marriage Act, 1955.
CRL.P No. 1643 of 2023
3. 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. Considering the facts and
circumstances of the case, I.A.No.1/2023 is allowed. The
parties are permitted to compound the offence.
4. Consequently, the petition is allowed. The criminal
proceedings against the petitioner-accused No.1 in
C.C.No.5935/2015 pending on the file of II Additional CJM,
Bengaluru Rural District, Bengaluru is hereby quashed.
Sd/-
JUDGE
GBB
