Karnataka High Court
Dharmendra Rao Pawar vs State By Kanakapura on 3 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:13746
CRL.P No. 8283 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 8283 OF 2021
BETWEEN:
1. DHARMENDRA RAO PAWAR
AGED ABOUT 29 YEARS,
S/O M. NAGESHA RAO PAWAR,
R/AT NO.15,
SRI CHIRANJEEVI APARTMENTS,
4TH FLOOR, 29TH A MAIN,
BTM 1ST STAGE, HAL RAMAIAH,
COMPOUND, BENGALURU - 560 068.
2. SMT. KOKILA
AGED ABOUT 52 YEARS,
W/O M. NAGESHA RAO PAWAR
RA/T NO.15,
SRI CHIRANJEEVI APARTMENTS,
Digitally signed by 4TH FLOOR, 29TH A MAIN,
VEDAVATHI A K
Location: High BTM 1ST STAGE, HAL RAMAIAH,
Court of Karnataka COMPOUND, BENGALURU - 560 068.
3. SMT. ANITHA
AGED ABOUT 32 YEARS,
D/O M. NAGESH RAO PAWAR,
RA/T NO.15,
SRI CHIRANJEEVI APARTMENTS
4TH FLOOR, 29TH A MAIN,
BTM 1ST STAGE, HAL RAMAIAH,
COMPOUND, BENGALURU - 560 068.
-2-
NC: 2024:KHC:13746
CRL.P No. 8283 of 2021
4. SRI. M. NAGESH RAO PAWAR
AGED ABOUT 62 YEARS,
S/O M NAGESH RAO PAWAR,
RA/T NO.15,
SRI CHIRANJEEVI APARTMENTS,
4TH FLOOR, 29TH A MAIN,
BTM 1ST STAGE, HAL RAMAIAH,
COMPOUND, BENGALURU - 560 068.
...PETITIONERS
(BY SRI. MURALIDHAR S R., ADVOCATE)
AND:
1. STATE BY KANAKAPURA
TOWN POLICE STATION,
KANAKAPURA.
2. SMT. AISHWARYA M. CHAUHAN
@ LIKITHA LAKSHMI,
D/O MURALISHAR RAO CHAUHAN,
AGED ABOUT 25 YEARS,
R/AT NO.92, 1ST CROSS,
BEHIND TILES FACTORY,
VINAYAKA ROAD, KANAKAPURA TOWN,
RAMANAGARA DISTRICT.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP;
SRI. N. CHANNAKRISHNAPPA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASHING THE COMPLAINT AND THE
FIR IN CR.NO.85/2021 UNDER SEC.498A R/W 34 OF IPC AND
SEC.3 AND 4 OF D.P ACT AGAINST ALL THE PETITIONERS
REGISTERED AS CR.NO.85/2021 IN KANAKAPURA TOWN P.S.,
PENDING BEFORE THE LEARNED CIVIL JUDGE (SENIOR
DIVISION) AND JMFC, AT KANAKAPURA PLACED AT
ANNEXURES B AND C HEREIN.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC:13746
CRL.P No. 8283 of 2021
ORDER
This petition is filed by the petitioner/sole accused
Nos.1 and 4 under Section 482 of Cr.P.C., for quashing the
criminal proceedings in FIR in Crime No.85/2021 registered by
Kanakapura Police station for the offence punishable under
Section 34 read with 498A of IPC and sections 3 and 4 of
Dowry Prohibition Act, 1961, pending on the file of Civil Judge
and JMFC, Kanakapura road.
2. During the pendency of the petition, both
petitioners and respondent No.2 filed joint compromise
application in I.A.No.1/2024 under Section 320 read with
Section 482 Cr.P.C. and also filed joint affidavit in the
matrimonial case in MC.No.2673/2021. The matter was
referred to the Mediation Centre, they have settled their issues
before VI Additional Principal Family court, Judge, Bengaluru
which is referred in the affidavit.
3. The petitioners and learned counsel for the petitioners
are present. However, learned counsel for the respondent and
respondent remained absent.
NC: 2024:KHC:13746
4. Submission of the learned counsel for the
petitioners is placed on record.
5. Having heard the arguments, perused the records,
when the matter has been settled between the parties, before
the Mediation centre and also on perusal of compromise
application before this court along with affidavit, through
advocate appearing for the learned counsel for the petitioners
and signed by the parties, the I.A.No.1/2024, deserves to be
allowed.
6. Therefore, considering the facts and circumstances of
the case and in view of joint compromise between the parties
and in view of the judgment of Hon'ble Supreme Court in the
case of Gian Singh vs. State of Punjab and Another
reported in 2012 CRI.L.J.4934, the criminal proceedings
requires to be quashed. Hence, I A.No.1/2024 is allowed.
Accordingly, the criminal petition is allowed.
NC: 2024:KHC:13746
The proceedings against the petitioners in Crime
No.85/2021 registered by Kanakapura Police station for the
offences punishable under Sections 34 read with 498A of IPC
and sections 3 and 4 of Dowry Prohibition Act, 1961, pending
on the file of Civil Judge and JMFC, Kanakapura road, is hereby
quashed.
Sd/-
JUDGE
AKV
CT:SK
