Citation : 2024 Latest Caselaw 4517 Kant
Judgement Date : 14 February, 2024
-1-
NC: 2024:KHC:6334
CRL.P No. 8903 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 8903 OF 2022
BETWEEN:
1. PRASHANTH P
S/O PRABHAKARAN,
AGED ABOUT 31 YEARS,
2. PRABHAKARAN
S/O. LATE JANARDHAN,
AGED ABOUT 60 YEARS,
3. P. SHANTHI
W/O PRABHAKARAN,
AGED ABOUT 50 YEARS,
ALL ARE R/AT NO.30, 33RD MAIN,
5TH CROSS, N.S.BADAVANE,
NANDINI LAYOUT,
BENGALURU - 560 096.
Digitally signed by ...PETITIONERS
BHAVANI BAI G
Location: High (BY SRI. M. SHASHIDHARA, ADVOCATE)
Court of Karnataka
AND:
1. STATE OF KARNATAKA
BY NANDINI LAYOUT P.S,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. GAYATHRI.L
W/O PRASHANTH.P,
AGED ABOUT 27 YEARS,
R/AT NO.25/A, 6TH CROSS,
-2-
NC: 2024:KHC:6334
CRL.P No. 8903 of 2022
7TH MAIN, CHURCH STREET,
NEW THIPPASANDRA,
BENGALURU - 560 075.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
SRI. S. SURESH KUMAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.28923/2021 ORIGINATED FROM CR.NO.210/2021 OF
RESPONDENT NANDINI LAYOUT P.S., FOR THE OFFENCES
P/U/S 323, 498A, 504, 506 R/W 34 OF IPC AND SEC.3, 4 OF
D.P ACT WHICH IS PENDING ON THE FILE OF CMM,
BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.1 to 3
under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.28923/2021 arising out of Crime
No.210/2021 registered by Nandini Layout Police Station and
charge sheeted for the offences punishable under Sections 323,
498(A), 504, 506 read with Section 34 of the Indian Penal
Code, 1861 (for short 'IPC') and Sections 3 and 4 of the Dowry
Prohibition Act, 1961 (for short 'D.P. Act').
2. During pendency of the petition, both petitioners
and respondent No.2 appeared before the Court along with
their counsels and filed joint compromise application on
NC: 2024:KHC:6334
I.A.No.1/2024 under Section 320 read with Section 482 of
Cr.P.C. seeking permission of this Court to compound the
offences as they have already settled their issues before the
Family Court in M.C.No.3204/2023.
3. In view of the judgment of the 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 has been
held that in cases where the parties have settled the dispute
between them in respect of a matrimonial case, the Court can
quash the proceedings. Accordingly, I.A.No.1/2024 is allowed.
The parties are permitted to compound the offences.
4. Consequently, the petition is allowed.
The criminal proceedings against the petitioners in
C.C.No.28923/2021 arising out of Crime No.210/2021
registered by Nandini Layout Police Station, is hereby quashed.
Sd/-
JUDGE
GBB
CT:SK
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