Citation : 2024 Latest Caselaw 4365 Kant
Judgement Date : 13 February, 2024
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NC: 2024:KHC:6146
CRL.P No. 2948 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 2948 OF 2022
BETWEEN:
1. SRI. T. JAGADISH
S/O LATE THYAGARAJ,
AGED ABOUT 40 YEARS,
R/AT NO.287, 1ST MAIN, 1ST CROSS,
JAGADEESH NAGAR,
NEW THIPPASANDRA POST,
BENGALURU - 560 075.
2. SMT. R. PADMA
W/O LATE THYAGARAJ,
AGED ABOUT 60 YEARS,
R/AT NO.287, 1ST MAIN, 1ST CROSS,
JAGADEESH NAGAR,
NEW THIPPASANDRA POST,
BENGALURU - 560 075.
Digitally signed by ...PETITIONERS
VEDAVATHI A K
Location: High (BY SRI. DEEPAK J., ADVOCATE)
Court of Karnataka
AND:
1. THE STATE BY HAL POLICE STATION
REPRESENTED BY S.P.P,
BY HIGH COURT OF KARNATAKA,
BANGALORE.
2. SMT. CHAITRA
W/O MR. T. JAGADISH,
AGED ABOUT 32 YEARS,
PRESENTLY R/AT NO.8,
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NC: 2024:KHC:6146
CRL.P No. 2948 of 2022
OLD CHANNASANDRA ROAD,
BANASAWADI,
BENGALURU - 560 043.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1/STATE;
SRI. SATYANARAYANA REDDY, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.50581/2015 ON THE FILE OF XXIX ADDL.C.M.M., MAYO
HALL, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 498A
AND 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner accused Nos.1 and 2
under Section 482 of Cr.P.C. for quashing the criminal
proceedings against petitioners in C.C.No.50581/2015 arising
out of Crime No.670/2014 registered by the HAL Police station
charge sheeted for the offenceS punishable under Sections
498A, 506 read with 34 of IPC and Sections 3 and 4 of Dowry
Prohibition Act, pending on the file of XXIX A.C.M.M. Court,
Bengaluru.
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
NC: 2024:KHC:6146
on I.A.No.1/2024 under Section 320 read with Section 482
Cr.P.C., and seeking permission to compound the offence.
3. It is submitted that both petitioner No.1 and
respondent No.2 have compromised the case and they
dissolved their marriage in the matrimonial case before the
Family Court, Bangalore and there was settlement between the
parties where the petitioner undertakes to pay Rs.23 lakhs
towards permanent alimony. Already the entire Rs.23 lakhs
has been already paid by the petitioner and respondent No.2
and the same is mentioned in the column No.4 of the affidavit.
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, the I.A.No.1/2024 is allowed,
parties are permitted to compound the offence
6. Accordingly, the criminal petition is allowed.
NC: 2024:KHC:6146
7. The proceedings against the petitioners in
C.C.No.50581/2015 arising out of Crime No.670/2014
registered by the HAL Police station, pending on the file of XXIX
A.C.M.M. Court, Bengaluru, is hereby quashed.
Sd/-
JUDGE
AKV
CT:SK
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