Karnataka High Court
Jainabu Banu vs The State Of Karnataka on 9 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 13286 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 13286 OF 2023
BETWEEN:
1. JAINABU BANU
AGED ABOUT 38 YEARS
W/O M ABDUL RAHIMAN,
RESIDING AT D.NO. 3-157/6
NEAR IDGA MASJID, 62TH THOKUR,
JOKATTE, MANGALORE
DAKSHINAKANNADA-575011
2. NOORJAHAN
AGED ABOUT 42 YEARS,
W/O HAMEED
RESIDING AT D NO. 3-90/1
AJILAMOGORU HOUSE AND POST,
MANNIKUR VILLAGE, BANTWAL,
DAKSHINKANNADA 574265.
Digitally signed
by SUCHITRA M
J 3. AFREENA
Location: High AGED ABOUT 23 YEARS,
Court of D/O HAMEED
Karnataka
RESIDING AT D NO. 3-90/1
AJILAMOGORU HOUSE AND POST,
MANNIKUR VILLAGE, BANTWAL,
DAKSHINKANNADA 574325.
4. IMRAN M K
AGED ABOUT 33 YEARS,
S/O ABDUL KADAR
RESIDING AT D NO.2-374
MALADAKERE
AJILAMOGORU POST,
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CRL.P No. 13286 of 2023
MANNIKUR VILLAGE, BANTWAL,
DAKSHINKANNADA 574325.
5. BIPATHU @ FATHUNHI
AGED ABOUT 65 YEARS,
W/O ABDUL KHADAR
RESIDING AT D NO.2-374
MALADAKERE
AJILAMOGORU POST,
MANNIKUR VILLAGE,
DAKSHINKANNADA 574325.
...PETITIONERS
(BY SRI LETHIF B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BANTWAL RURAL POLICE STATION,
REP BY THE S.P.P
HIGH COURT BUILDING,
BANGALORE-560001.
2. MRS SHAMEERA
W/O IMRAN,
AGED ABOUT 24 YEARS,
R/AT AJILAMOGORU POST,
MALADAKERE
MANNIKUR VILLAGE,
BANTWAL TALUK,
DAKSHINKANNADA 574265.
...RESPONDENTS
(BY SRI K.P. YASHODHA, HCGP FOR R1 AND SRI
PRATHEEP.K.C., ADVOCATE FOR R2)
CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.1448/2022 FOR THE
OFFENCE P/U/S 498(A), 323, 313 R/W 34 OF IPC AND
SECTION 3 OF DOWRY PROHIBITION ACT, OF BANTWAL RURAL
POLICE STATION, PENDING ON THE FILE OF ADDL. CIVIL
JUDGE (JR.DN.) AND J.M.F.C., BANTWAL, D.K. ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 13286 of 2023
ORDER
Learned counsel Sri Pratheep.K.C., appears for
respondent No.2.
2. This petition is filed by the petitioners - accused
Nos. 1 to 7 under Section 482 of Cr.P.C. to quash the
proceedings in CC No.1448/2022 pending on the file of Addl.
Civil Judge (Jr. Dn.) and JMFC, Bantwal, D.K., arising out of Cr.
No.24/2022 of Bantwal Rural Police Station and charge sheeted
for the offences punishable under Sections 498-A, 323, 313r/w
Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act
against the petitioners.
3. Heard the learned counsel for petitioners and
learned HCGP for respondent - State and learned counsel for
respondent No.2.
4. During the pendency of the petition Petitioners and
respondent No.2 have filed an application - IA No.1/2024,
under Section 482 read with Section 320(2) of Cr.P.C. along
with joint affidavits seeking to compromise and to compound
the offences.
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5. It is submitted that both Petitioners and respondent
No.2 have amicably settled the dispute between them and
respondent No.2 by receiving Rs.10 lakhs, which amount is
already handed over to her through DD.
6. Submission of the learned counsel for petitioners
and respondent No.2 are placed on record.
7. 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. Therefore, this Court can pass the
order permitting the parties to compound the offence.
8. Considering the same, IA No.1/2024, is allowed.
Consequently, the Criminal Petition is also allowed and the
proceedings in CC No.1448/2022 pending on the file of Addl.
Civil Judge (Jr. Dn.) and JMFC, Bantwal, D.K., arising out of Cr.
No.24/2022 of Bantwal Rural Police Station and charge sheeted
for the offences punishable under Sections 498-A, 323, 313r/w
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Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act
against the petitioners, is quashed.
Sd/-
JUDGE
VK
