Karnataka High Court
Ramakrishnaiah T vs The State Of Karnataka on 18 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:15460
WP No. 6912 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
WRIT PETITION NO. 6912 OF 2022 (GM-RES)
BETWEEN:
1. RAMAKRISHNAIAH.T
AGED ABOUT 68 YEARS,
S/O LATE THIMME GOWDA,
2. INDRAMMA
AGED ABOUT 58 YEARS,
W/O RAMAKRISHNAIAH.T,
3. SANTHOSH KUMAR K R
AGED ABOUT 32 YEARS,
S/O RAMAKRISHNAIAH.T,
4. SATHISH KUMAR K R
Digitally signed by AGED ABOUT 36 YEARS,
VEDAVATHI A K
S/O RAMAKRISHNAIAH.T,
Location: High
Court of Karnataka
ALL ARE R/AT NO.726,
SRI KRISHNA NILAYA,
11TH 'B' CROSS, 4TH BLOCK,
ANDRAHALLI MAIN ROAD,
'D' GROUP LAYOUT,
LINGADHEERANAHALLI,
BENGALURU NORTH,
BENGALURU - 560 091.
...PETITIONERS
(BY SRI. S. SATYANARAYANA CHALKE, ADVOCATE)
-2-
NC: 2024:KHC:15460
WP No. 6912 of 2022
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SHO
BYADARAHALLI POLICE STATION,
VIJAYANAGAR SUB-DIVISION,
BENGALURU CITY,
REPRESENTED BY THE HCGP,
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. HEMAVATHI K
AGED ABOUT 31 YEARS,
W/O MR. SATHISH KUMAR K R.,
R/AT NO.257/258, 1ST BLOCK,
'D' GROUP LAYOUT, ANDRAHALLI,
BENGALURU - 560 091.
EARLIER R/AT NO.726, SRI KRISHNA NILAYA,
11TH 'B' CROSS, 4TH BLOCK,
ANDRAHALLI MAIN ROAD, 'D' GROUP LAYOUT,
LINGADHEERANAHALLI,
BENGALURU NORTH,
BENGALURU - 560 091.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. G.K.KULAKARNI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTILCE 226 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO CALL FOR THE RECORDS OF IN CC
NO.20865/2021 (CRIME NO.316/2021) ON THE FILE OF CHIEF
JUDICIAL MAGISTRATE RURAL COURT, BENGALURU,
BENGALURU RURAL. SET ASIDE THE ORDER DATED
26.11.2021 PASSED BY THE CHIEF JUDICIAL MAGISTRATE
RURAL COURT, BENGALURU, BENGALURU RURAL IN CC
NO.20865/2021 (CRIME NO.316/2021) AT ANNEXURE-D.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC:15460
WP No. 6912 of 2022
ORDER
This writ petition by is filed by the petitioners-accused
Nos.1 to 4 under Section 482 of Cr.P.C. for quashing the
proceedings in C.C. No.20865/2021, arising out of Crime
No.316/2021 registered by Byadarahalli Police Station, now
pending on the file of the Chief Judicial Magistrate, Bengaluru
Rural District, Bengaluru, and charge sheeted for the offences
punishable under Sections 498A, 324, 504, 506 read with
Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition
Act.
2. During the pendency of this petition, learned counsel
for petitioners and learned counsel for respondent No.2 have
filed joint compromise application in I.A. No.2/2024 under
Section 320 read with Section 482 of Cr.P.C. submitting that
the parties have settled all the disputes between them before
the trial Court in the matrimonial case.
3. The submission of the learned counsel for the parties
is placed on record.
4. Having heard the learned counsel for the parties
perused the records.
NC: 2024:KHC:15460
5. In view of the judgment of the Hon'ble Supreme Court
in GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER
reported in 2012 CRI.L.J.4934, wherein, it is held that in
cases where the parties have settled the dispute between
them, the Court can quash the proceedings and continuation of
the proceedings is abuse of process of law. In view of the
principles laid down in the case of Gian Singh, cited supra and
the guidelines issued therein, the criminal proceedings against
the petitioners require to be quashed in view of the settlement
between the parties. Therefore, the parties are permitted to
compound the offence. Accordingly, I.A. No.2/2024 is allowed.
6. Consequently, the writ petition is also allowed. The
proceedings against the petitioners proceedings in C.C.
No.20865/2021, arising out of Crime No.316/2021 registered
by Byadarahalli Police Station, now pending on the file of the
Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, is
hereby quashed.
Sd/-
JUDGE
CS
CT:SK
