Sri. A Pavan Kumar vs The State Of Karnataka
2024 Latest Caselaw 3954 Kant

Karnataka High Court

Sri. A Pavan Kumar vs The State Of Karnataka on 8 February, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                  -1-
                                                               NC: 2024:KHC:5698
                                                            WP No. 2639 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                               BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN


                              WRIT PETITION NO. 2639 OF 2023 (GM-RES)


                      BETWEEN:

                      1.    SRI. A. PAVAN KUMAR
                            S/O LATE L. AMBARISH RAO,
                            AGED ABOUT 34 YEARS,

                      2.    SMT. KRISHNA BAI
                            W/O LATE L. AMBARISH RAO,
                            AGED ABOUT 55 YEARS,

                      3.    SRI. DEVOJI @ DEVOJI KUMAR
                            S/O LATE L. AMBARISH RAO,
                            AGED ABOUT 31 YEARS,

                            ALL THE PETITIONERS ARE R/AT NO.1895,
                            AKBAR ROAD, LAKSHAR MOHALLA,
Digitally signed by
VEDAVATHI A K               MYSURU - 570 001.
Location: High                                                      ...PETITIONERS
Court of Karnataka
                      (BY SRI. ASHOK B. PATIL, ADVOCATE)
                      AND:

                      1.    THE STATE OF KARNATAKA
                            BY MYSURU WOMEN'S POLICE STATION,
                            REPRESENTED BY THE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA,
                            BANGALORE - 560 001.
                                   -2-
                                                  NC: 2024:KHC:5698
                                                WP No. 2639 of 2023




2.     SMT. SWATHI
       W/O A. PAVAN KUMAR,
       AGED ABOUT 25 YEARS,
       R/AT NO.3199, B.B.KERI,
       PULAKESHI MAIN ROAD,
       MANDI MOHALLA,
       MYSURU - 570 015.
                                        ...RESPONDENTS
(BY SMT. K.P.YASHODHA, HCGP FOR R1/STATE;
    SRI. BASAVARAJU, ADVOCATE FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
C.C.NO.229/2019, DATED 05.03.2019(ANNEXURE-A), FILED BY
THE R1 POLICE ON THE FILE OF THE 4TH ACJM AND JMFC,
MYSURU (ANNEXURE-A).

       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

This writ petition is filed by the petitioners/accused Nos.1

to 3, under Articles 225 and 226 of Constitution of India, read

with section 482 of Cr.P.C., for quashing the criminal

proceedings against the petitioners in C.C.No.229/2019 arising

out of Crime No.72/2014 registered by the Mysuru Women

Police station, for the offences punishable under Sections 498A,

506 and 34 of IPC and Sections 3 and 4 of Dowry Prohibition

Act, 1961, pending on the file of 7th Addl. Senior Civil Judge,

Mysuru.

NC: 2024:KHC:5698

2. During the pendency of the petition, both

petitioners and respondent No.2 appeared before the Court

along with their counsels and filed joint compromise application

in I.A.No.1/2024 under Section 320 read with Section 482

Cr.P.C., seeking permission of this court to compound their

offence.

3. It is also submitted that as a part of the settlement

Rs.11,25,000/- has been settled and Rs.6 lakhs has been

already paid and the balance of Rs.5,25,000/- will be paid by

the petitioner to the respondent No.2, by way of Demand Draft

before this court. The same is received and acknowledged.

4. Submission of both the parties are placed on

record.

5. 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, wherein it is held when both

parties have settled their disputes, the court can compound the

offence and quash the criminal proceedings. Hence

NC: 2024:KHC:5698

I.A.No.1/2024 is allowed. The parties are permitted to

compound the offence

6. Accordingly, the writ petition is allowed.

7. The criminal proceedings against the petitioners in

C.C.No.229/2019 arising out of Crime No.72/2014 registered

by the Mysuru Women Police station, pending on the file of 7th

Addl. Senior Civil Judge, Mysuru, is hereby quashed.

.

Sd/-

JUDGE

AKV

CT:SK