Karnataka High Court
Sri N Udaya Kiran vs State By on 29 March, 2023
Bench: K.Natarajan
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CRL.P No. 4620 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 4620 OF 2022
BETWEEN:
1. SRI N UDAYA KIRAN
S/O SRI N SRINIVASULU,
AGED ABOUT 38 YEARS,
SENIOR DEVELOPER (ADF),
IT ENTERPRISE APPLICATIONS
HERBALIFE INDIA TECHNOLOGY SOLUTIONS
MG ROAD, NEAR GARUDA MALL,
BENGALURU-560001.
ALSO AT NO.404, NEHA LEGAND APARTMENT
4TH A CROSS, 3RD MAIN
SARVABHOMANAGARA
BILEKAHALLI
BENGALURU - 560 076
2. SRI N SRINIVASULU
S/O LATE NEELAYYAGARI,
Digitally signed by
SHOBHA C
AGED ABOUT 66 YEARS,
Location: High
Court of Karnataka
3. SRI DHARMA THEJA
S/O SRINIVASULU,
AGED ABOUT 36 YEARS
PETITIONERS NO.1 TO 3 ARE
RESIDING AT VENKATASWAMY
NO.30-365, OTTAPETA,
30 WARD, DHARMAWARAM,
ANANTHAPURA DISTRICT,
ANDHRA PRADESH - 515 671.
...PETITIONERS
(BY SMT. SRAVYA, ADVOCATE FOR
SRI. D. PRABHAKAR., ADVOCATE)
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CRL.P No. 4620 of 2022
AND:
1. STATE BY
MICO LAYOUT POLICE,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. SMT PRAVALIKA
W/O SRI N UDAYA KIRAN,
D/O SRI T MOHAN BHARGAV,
AGED ABOUT 36 YEARS,
R/O NO.1230, 5TH FLOOR,
4TH MAIN, HSR LAYOUT,
BENGALURU - 560 102.
ALSO AT NO.2-803,
KONDAMEITA STREET
KARUR VYSYA BANK,
NEAR KALAHASTI
CHITUR DISTRICT
ANDRAPRADESH - 517 644
...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1
SRI. P.M. GOPI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING THAT THIS HONORABLE COURT MAY BE
PLEASED TO QUASH THE FIR IN CRIME NO. 65/2019 VI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
VIDE DOCUMENT NO. 1 OFFENCES OF DOWRY PROHIBITION
ACT, 1961 UNDER SECTIONS 3 AND 4 IPC, 1860 ( UNDER
SECTION 498A).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 4620 of 2022
ORDER
This petition is filed by petitioner-accused Nos.1 to 3
under Section 482 of Cr.P.C. for quashing criminal proceedings
in C.C.No.15098/2019 arising out of Crime No.65/2019
registered by MICO Layout Police Station, now pending on the
file of VI Additional Chief Metropolitan Magistrate, Bangaluru,
for the offences punishable under Sections 498A of IPC and
Sections 3 and 4 of Dowry Prohibition Act.
2. During the pendency of the petition, petitioner No.1
and respondent No.2 appeared before the Court and filed a
joint application under section 320 of Cr.P.C. read with section
482 of Cr.P.C. seeking permission to compound the offence.
They also submit that they have already settled the issue
before the Family Court and divorce has been granted. The
petitioner No.1 is required to pay Rs.5.00 lakhs per annum for
three years from 15.03.2024 to respondent No.2 as per the
terms of mediation.
3. 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
CRL.P No. 4620 of 2022
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. In view of the same, the parties have settled the dispute
amicably and therefore, I.A.No.1/2023 requires to be allowed.
The parties are permitted to compound the offences. Hence
I.A.No.1/2023 is allowed.
4. Consequently, criminal petition is allowed and the
criminal proceedings against the petitioner-accused Nos.1 to 3
in C.C.No.15098/2019 arising out of Crime No.65/2019
registered by MICO Layout Police Station, now pending on the
file of VI Additional Chief Metropolitan Magistrate, Bangaluru, is
hereby quashed.
Sd/-
JUDGE
CS
