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Pradeep V vs State Of Karnataka By
2023 Latest Caselaw 2079 Kant

Citation : 2023 Latest Caselaw 2079 Kant
Judgement Date : 29 March, 2023

Karnataka High Court
Pradeep V vs State Of Karnataka By on 29 March, 2023
Bench: K.Natarajan
                                                   -1-
                                                            CRL.P No. 1482 of 2023




                           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. 1482 OF 2023

                      BETWEEN:

                      1.   PRADEEP V
                           S/O SESHASAI VIPPARTHY,
                           AGED ABOUT 41 YEARS,
                           R/AT NO 403, MAMATHA ELEGANCY,
                           ANANTHANAGARA PHASE,
                           ELECTRONIC CITY PHASE 2
                           ANEKAL TALUK,
                           BENGALURU - 560 100
                                                                      ...PETITIONER
                      (BY MS. RAKSHA KEERTHANA K., ADVOCATE
                       FOR SRI. KEMPARAJU.,ADVOCATE)
                      AND:

                      1.   STATE OF KARNATAKA BY
                           HEBBAGODI POLICE STATION,
                           REP BY ITS STATE PUBLIC PROSECUTOR,
                           HIGH COURT COMPLEX,
                           BENGALURU - 560 001
Digitally signed by
BHAVANI BAI G
Location: High
Court of Karnataka    2.   SMT DEEPTHI V
                           W/O PRADEEP V,
                           AGED ABOUT 35 YEARS,
                           R/AT NO 103, MAMATHA ELEGANCY,
                           ANANTHANAGARA PHASE,
                           ELECTRONIC CITY PHASE 2
                           ANEKAL TALUK,
                           BENGALURU - 560 010
                                                                    ...RESPONDENTS
                      (BY SRI. B.J. ROHITH, HCGP FOR R1
                       SRI. C.N. VIKRAM, ADVOCATE FOR R2)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST
                      THE PETITIONER IN C.C.NO.3626/2020 PENDING ON THE FILE OF II
                                         -2-
                                                  CRL.P No. 1482 of 2023




ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL FOR THE
OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC.

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

Learned High Court Government Pleader accepts notice

for the respondent No.1-State.

2. Sri C.N.Vikram, learned counsel filed vakalath on

behalf of respondent No.2.

3. This petition is filed by the petitioner-accused under

Section 482 of Cr.P.C. for quashing the criminal proceedings in

C.C.No.3626/2020 pending on the file of II Additional Civil

Judge (Jn.Dn.) & JMFC, Anekal, in Crime No.120/2020

registered by Hebbagodi Police and charge-sheeted for the

offence punishable under Section 498(A) of IPC.

4. During pendency of the petition, both the petitioner

and respondent No.2 appeared before the Court along with

their counsel and filed joint compromise application on

I.A.No.1/2023 under Section 320 read with Section 482 of

Cr.P.C. along with joint affidavit seeking permission of this

Court to compound the offence. They also submitted that they

CRL.P No. 1482 of 2023

have filed mutual divorce petition and granted decree of divorce

under Section 13(b) of the Hindu Marriage Act. The petitioner

handed over Rs.10,00,000/- to respondent No.2 before the

Court and the same is received and acknowledged by

respondent No.2.

5. 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. Therefore, I.A.No.1/2023 is allowed.

The parties are permitted to compound the offence.

6. Consequently, the petition is allowed. The criminal

proceedings against the petitioner in C.C.No.3626/2020

pending on the file of II Additional Civil Judge (Jn.Dn.) & JMFC,

Anekal is hereby quashed.

Sd/-

JUDGE

GBB

 
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