Citation : 2024 Latest Caselaw 3579 Kant
Judgement Date : 6 February, 2024
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NC: 2024:KHC:5102
CRL.P No. 13828 of 2023
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. 13828 OF 2023
BETWEEN:
SRI. K. KIRAN KUMAR,
S/O R. KRISHNAPPA,
AGED ABOUT 32 YEARS,
R/O G-1, IST FLOOR
ASPIN RESIDENCY,
B.T.M. 4TH STAGE, BILEKALLU,
VIJAYA BANK LAYOUT,
BANGALORE - 560 076.
...PETITIONER
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
AND:
1. STATE BY WOMENS POLICE STATION,
BASAVANAGUDI,
BANGALORE - 560 060.
REPRESENTED BY PUBLIC PROSECUTOR,
Digitally signed HIGH COURT OF KARNATAKA,
by SUCHITRA M J
BENGALURU - 560 001.
Location: High
Court of
Karnataka 2. SMT. SHRUTI H.P.,
AGED ABOUT 31 YEARS,
W/O K. KIRAN KUMAR,
D/O H.T. PADMANABHA,
R/O F-001, SSVD NISARGA-2,
7TH MAIN, SUBHASHNAGAR,
KENGERI SATELLITE TOWN,
KENGERI,
BANGALORE - 560 060.
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1/STATE;
SRI. KAPIL DIXIT, ADVOCATE FOR R2)
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NC: 2024:KHC:5102
CRL.P No. 13828 of 2023
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH
THE ENTIRE PROCEEDINGS CULMINATED IN C.C.NO.16590/2023
INSTITUTED BY THE 1ST RESPONDENT FOR THE OFFENCE P/U/S
498A, 504 OF IPC AND SEC. 4 OF D.P. ACT, PENDING ON THE FILE
OF THE 37TH ADDL. CMM NRUPATHUNGA ROAD, BANGALORE CITY,
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice
for respondent No.1 and Sri. Jairaj, learned counsel accepts
notice for respondent No.2.
2. This petition is filed by the accused / petitioner
under Section 482 of Cr.P.C., for quashing the criminal
proceedings in C.C.No.16590/2023 arising out of Crime
No.46/2023 of Basavanagudi Women Police Station for the
offence punishable under Section 498A, 504 of IPC read with
Section 4 of the Dowry Prohibition Act, 1961.
2. During the pendency of the above petition, both
petitioner and respondent No.2 appeared before the Court and
filed joint compromise application on I.A.No.1/2024 under
Section 320 read with Section 482 of Cr.P.C. seeking
permission to compound the offence.
NC: 2024:KHC:5102
3. It is stated that they have settled the matter in
Family Court where the petitioner agreed to pay Rs.10,10,000/-
to respondent No.2 and Rs.5,00,000/- has been paid on
05.10.2023 and remaining amount of Rs.5,10,000/- has been
paid on 18.12.2023 by way of demand draft. The said demand
draft dated 18.12.2023 handed over to respondent No.2 and
the same has been received by respondent No.2.
4. In view of joint compromise between the parties
and in view of the judgment of the Hon'ble Supreme Court in
the case of Gian Singh V.s State of Punjab and Another
reported in 2012 CRI.L.J.4934, parties have settled their
issues before the Family Court, the Court can permit them to
compound the offences. Accordingly, I.A.No.1/2024 is allowed.
5. Consequently, the criminal proceedings in
C.C.No.16590/2023 against the petitioner / accused pending on
the file of XXXVII Additional C.M.M., Nrupathuga Road,
Bengaluru is hereby quashed.
Sd/-
JUDGE
CT:SNN
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