Karnataka High Court
Dr Raghavendra K vs The State Of Karnataka on 28 March, 2023
Bench: K.Natarajan
-1-
CRL.P No. 516 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 516 OF 2022
BETWEEN:
1. DR RAGHAVENDRA K
S/O R KRISHNAPPA
AGED ABOUT 36 YEARS,
2. SMT K S NANJAMMA @ SHOOBHA
W/O R KRISHNAPPA
AGED ABOUT 61 YEARS,
BOTH ARE R/AT NO.293,
SHIVANI NILAYA
NEXT TO BSA SCHOOL, ROJEEPURA
DODDABALLAPURA TOWN
BENGALURU RURAL DISTRICT-561203
...PETITIONERS
(BY SRI. DEEPA V.,ADVOCATE)
AND:
Digitally signed by
SHOBHA C
1. THE STATE OF KARNATAKA
Location: High WOMEN'S POLICE STATION,
Court of Karnataka
DODDABALLAPURA
BENGALURU RURAL DISTRICT - 561 203
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
2. DR MEENA R
W/O DR RAGHAVENDRA K
D/O RAMACHANDSRA SWAMY
R/AT NO.293, SHIVANI NILAYA,
NEXT TO BSA SCHOOL,
ROJEEPURA DODDABALLAPURA TOWN
BENGALURU RURAL DISTRICT - 561 203
-2-
CRL.P No. 516 of 2022
PRESENTLY R/AT RAJALI
ARAKKONAM NAVAL AIR STATION,
VELLORE DISTRICT - 631 006
TAMILNADU
...RESPONDENTS
(BY SMT. MEENAKSHI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.2/2021, COMPLAINT
DATED 04.01.2021 IN CR.NO.02/2021 REGISTERED BY THE
RESPONDENT NO.1 POLICE AGAINST THE PETITIONERS WHO ARE
ACCUSED NO.1 AND 2, FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 498(A) READ WITH SECTION 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF
ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., DODDBALLAPURA,
BENGALURU RURAL DISTRICT, VIDE ANNEXURE-A AND B.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by petitioner-accused Nos.1 and 2
under Section 482 of Cr.P.C. for quashing criminal proceedings
in Crime No.2/2021 registered by Women's Police Station,
Doddaballapura, Bengaluru Rural District for the offences
punishable under Section 498A read with Section 34 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard the arguments of learned counsel for the
petitioners and the learned counsel for respondent No.2.
3. Learned counsel for the petitioners submits that
respondent No.2 filed a complaint against the petitioners for
CRL.P No. 516 of 2022
the alleged offence and there was settlement between the
parties on the case referred before the family Court, Bengaluru
in M.C. No.1154/2021.
4. learned counsel for respondent No.2 submits that
respondent No.2 is permanently residing along with her parents
at Vellore District, Tamil Nadu and she would co-operate for
withdrawal of the amount. Accordingly, petitioner No.1
appeared physically before the Court and respondent No.2 has
appeared through video conferencing.
5. In view of the fact that the parties have already
settled the matter in M.C. No.1154/2021 and divorce has been
granted in the said matrimonial case and therefore, in view of
judgment of Hon'ble Supreme Court in case of Gian Singh Vs.
State of Punjab and Another reported in (2012) 10 SCC
303 wherein it has been held that in matrimonial case, if the
parties have settled the dispute between them, the Court can
quash the criminal proceedings if it is not affecting the interest
of the public at large. Therefore, the petition deserves to be
allowed.
CRL.P No. 516 of 2022
6. Accordingly, this petition is allowed. The criminal
proceedings against the petitioners in Crime No.2/2021
registered by Women's Police Station, Doddaballapura,
Bengaluru Rural District, is hereby quashed.
Sd/-
JUDGE
CS
