Karnataka High Court
Sri Jithendra Kumar vs The State Of Karnataka on 6 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:5136
CRL.P No. 855 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 855 OF 2024
BETWEEN:
1. SRI JITHENDRA KUMAR
S/O KRISHNA RAO KALE,
AGED ABOUT 36 YEARS
PRESENTLY RESIDING AT NO 209,
2ND FLOOR, 6TH MAIN
BIKASIPURA MAIN ROAD
OPP TO INSIGHT ACADEMY SCHOOL
ISRO LAYOUT
BENGALURU - 560062
AS PER CHARGESHEET
RESIDING AT MIG NO 257,
KHB COLONY
2ND STAGE KALLAHALLI
Digitally signed VINOBANAGARA
by V KRISHNA
SHIMOGGA CITY
Location: High SHIMOGGA - 577 201
Court of
Karnataka
2. SMT KALPANA
W/O KRISHNA RAO KALE
AGED ABOUT 55 YEARS
PRESENTLY RESIDING AT NO 98,
GOWRI NILAYA, 4TH CROSS
3RD STAGE, POLICE CHOWKI
VINOBANAGAR
SHIMOGGA - 577 204
AS PER CHARGESHEET
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CRL.P No. 855 of 2024
RESIDING AT MIG NO 257
KHB COLONY
2ND STAGE KALLAHALLI
VINOBANAGARA
SHIMOGGA CITY
SHIMOGGA - 577201
3. SMT VASUNDHARA RAJYLAKSHMI
D/O KRISHNA RAO KALE
AGED ABOUT 25 YEARS
PRESENTLY RESIDING AT
NEELAMBIKA NILAYA
1ST STAGE 5TH CROSS
NEAR ANJANEYA SWAMY TEMPLE
VINOBANAGARA
SHIMOGGA - 577 204
AS PER CHARGESHEET
RESIDING AT MIG NO 257
KHB COLONY
2ND STAGE KALLAHALLI
VINOBANAGARA
SHIMOGGA CITY
SHIMOGGA - 577201
4. NIRANJAN KUMAR
S/O KRISHNA RAO KALE
AGED ABOUT 35 YEARS
PRESENTLY RESIDING AT NO 209,
2ND FLOOR, 6TH MAIN,
BIKASIPURA MAIN ROAD
OPP TO INSIGHT ACADEMY SCHOOL
ISRO LAYOUT
BENGALURU - 560062
AS PER CHARGESHEET
RESIDING AT MIG NO 257
KHB COLONY
2ND STAGE KALLAHALLI
VINOBANAGARA
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NC: 2024:KHC:5136
CRL.P No. 855 of 2024
SHIMOGGA CITY
SHIMOGGA - 577201
...PETITIONERS
(BY SRI SUDHINDRA B S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VINOBANAGARA POLICE STATION
SHIMOGGA
REPRESENTED BY
THE STATE PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560001
2. SMT SHWETHA P
W/O JITHENDRA KUMAR
D/O PRAKASH P
AGED ABOUT 34 YEARS
RESIDING AT NO 3-3, 1,
YALAVATA UDRI
SORABA TALUK, SHIMOGGA
DISTRICT - 577433
...RESPONDENTS
(BY SRI VENKATA SATHYANARAYANA, HCGP FOR R1 AND
B.N.MANJUNATHA SWAMY, ADVOCATE FOR R2)
***
CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE
PROCEEDINGS IN S.C.NO.39/2021 (CR.NO.126/2020) ON THE
FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT
SHIMOGGA AND THE CHARGE SHEET AND CRIMINAL
PROCEEDINGS FILED AGAINST THE PETITIONERS FOR THE
ALLEGED OFFENCE P/U/S 498A, 323, 504, 506, 354, 307 R/W
34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961, ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 855 of 2024
ORDER
Learned High Court Government Pleader take notice for
respondent No.1 - State.
2. Learned counsel Sri B.H. Manjunatha Swamy,
appears for respondent No.2.
3. This petition is filed by the petitioners - accused
Nos. 1 to 4 under Section 482 of Cr.P.C. to quash the
proceedings in SC No.39/2001 pending on the file of I Addl.
District and Sessions Judge, Shivamogga, arising out of Cr.
No.126/2020 of Vinobanagara Police Station, Shivamogga and
charge sheeted for the offences punishable under Sections 498-
A, 323, 504, 506, 354, 307 r/w Section 34 of IPC against the
petitioners.
4. Heard the learned counsel for petitioners and
learned HCGP for respondent - State and learned counsel for
respondent No.2.
5. During the pendency of the petition Petitioner No.1
and respondent No.2 have filed an application - IA No.2/2024,
under Section 320(2) read with Section 482 of Cr.P.C. along
with joint affidavit to compound the offence.
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6. It is submitted that both Petitioner No.1 and
respondent No.2 have filed joint divorce petition and it was
mutually agreed to go for divorce and respondent No.2 by
receiving Rs.10 lakhs from Petitioner No.1 towards permanent
alimony.
7. Submission of the learned counsel for petitioner
and respondent No.2 are placed on record.
8. In view of the judgment of the Hon'ble Supreme
Court in the case of GIAN SINGH vs STATE OF PUNJAB reported
in (2012) 10 SCC 303, it is held that when the parties have
settlement their disputes, the Court can quash the proceedings
pending between the parties. However, by looking into the
evidence on record there is no offence made out for the
offences punishable under Sections 307 of IPC. Therefore, this
Court can pass the order permitting the parties to compoundthe
offence.
9. Considering the same, IA No.2/2024, is allowed.
Consequently, the Criminal Petition is also allowed and the
proceedings in SC No.39/2001 pending on the file of I Addl.
District and Sessions Judge, Shivamogga, arising out of Cr.
No.126/2020 of Vinobanagara Police Station, Shivamogga and
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charge sheeted for the offences punishable under Sections 498-
A, 323, 504, 506, 354, 307 r/w Section 34 of IPC against the
petitioners, is quashed.
Sd/-
JUDGE
VK
