Citation : 2023 Latest Caselaw 6968 Kant
Judgement Date : 4 October, 2023
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NC: 2023:KHC:35871
CRL.P No. 1624 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1624 OF 2023
BETWEEN:
1. MR. RAMA PRASAD VARUN,
S/O S.V. RAMA PRASAD,
AGED ABOUT 28 YEARS,
OCC: SENIOR DATA SCIENTIST,
M/S. NIELSEN INDIA LIMITED,
BARODA - 390 023.
2. MRS. V. SUMA @
VENKATASUBBA SASTRI SUMA,
W/O S. V. RAMA PRASAD,
AGED ABOUT 53 YEARS,
OCC: TEACHER,
JOY INTERNATIONAL SCHOOL,
HYDERABAD - 500 090.
Digitally signed
by
MADHUSHREE H
3. MR. S. V. RAMA PRASAD @
Location: High
Court of RAMA PRASAD VENKATESHAH SREEPADA,
Karnataka
S/O LATE S. VENKATESIAH,
AGED ABOUT 56 YEARS,
OCC: STRATEGIC BUSINESS UNIT HEAD,
SPARSHA PHARMA INTERNATIONAL PVT. LTD.,
HYDERABAD - 500 072,
PERMANENT ADDRESS OF THE PETITIONERS:
FLAT NO.202,
SRI SAI PRASANNA RESIDENCE,
ROAD NO.1-D, VINAYAKA NAGAR,
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NC: 2023:KHC:35871
CRL.P No. 1624 of 2023
OLD HAFEEZPET, HAFEEZPET,
K.V RANGAREDDY, TELANGANA - 500 049.
ALSO AT:
C/O SRI. K.V. SASTRY,
NO.56, VINAYAKA LAYOUT,
4TH CROSS, 6TH MAIN,
IMMADIHALLI MAIN ROAD,
WHITEFIELD, BENGALURU - 560 066.
...PETITIONERS
(BY SRI SOMANATHA H, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BASAVANAGUDI WOMEN POLICE STATION,
JAYANAGAR SUB DIVISION, BANGALORE CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SMT. NAGASHREE,
AGED ABOUT 24 YEARS,
W/O VARUN RAMAPRASAD,
NO.04/96, R V ROAD, BASAVANAGUDI,
BENGALURU CITY - 560 004.
...RESPONDENTS
(BY SMT. K. P. YASHODHA, HCGP FOR R1;
SRI. B. L. NANDA KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER OF TAKING COGNIZANCE AGAINST THE
PETITIONERS / ACCUSED NO.1 TO 3 DATED 13.01.2023,
PASSED BY HONBLE XXXVII A.C.M.M., AT BENGALURU IN
C.C.NO.1693/2023 FOR THE OFFENCE P/U/S 498A, 504, 323
R/W 34 OF IPC (ANNEXURE-B) AND QUASH THE CHARGE
SHEET DATED 07.01.2023 IN C.C.NO.1693/2023 FILED BY THE
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NC: 2023:KHC:35871
CRL.P No. 1624 of 2023
RESPONDENT NO.1 AGAINST PETITIONERS / ACCUSED NO.1
TO 3 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498-A,
504, 506,, 323 R/W 34 OF IPC PENDING ON THE FILE OF THE
XXXVII A.C.M.M., BENGALURU AS PER (ANNEXURE-A).
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners / accused No.1 to 3
under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.1693/2023 arising out of Crime
No.174/2022 of Basavanagudi Women Police Station and
charge sheeted for the offences punishable under Sections 498-
A, 504, 506, 323 r/w 34 of IPC.
2. During pendency of this petition, both petitioners and
respondent No.1 appeared before the Court through their
respective counsel and filed application-I.A.No.2/2023 under
Section 320 read with Section 482 of Cr.P.C., seeking
permission of this Court for compounding the offences.
3. Petitioner No.1 stated to be married respondent No.2
and due to some matrimonial dispute, respondent No.2-wife
filed this complaint against the petitioners and charge sheet is
also filed. Now both petitioner No.1 and respondent No.2 joined
together and they want to lead happy marital life. It is also
NC: 2023:KHC:35871 CRL.P No. 1624 of 2023
submitted that previously the matter has been referred to
Mediation Centre, wherein they have settled their issues and
the mediation settlement report is also filed.
4. In view of the fact that the parties have joined
together to lead a happy marital life and in view of the
judgment of the Hon'ble Supreme Court in Gian Singh Vs.
State of Punjab reported in 2012 (10) SCC 303, Court can
quash the criminal proceedings when the parties have settled
their issues in the mediation. Accordingly, I.A.2/2023 is
allowed.
Consequently, Criminal Petition is allowed.
The proceedings in C.C.No.1693/2023 arising out of
Crime No.174/2022 of Basavanagudi Women Police Station
and charge sheeted for the offences punishable under
Sections 498-A, 504, 506, 323 r/w 34 of IPC is hereby
quashed.
Sd/-
JUDGE
MKM
CT: BHK
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