Karnataka High Court
Chandan K vs State Of Karnataka on 15 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No.1375 of 2024
C/W
CRL.P No.3159/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1375 OF 2024
CONNECTED WITH
CRIMINAL PETITION NO. 3159 OF 2022
IN CRL.P NO.1375/2024
BETWEEN:
CHANDAN K
S/O KESHAVAMURTHY,
AGED ABOUT 28 YEARS,
R/AT NO. U-17,
2ND CROSS,
4TH MAIN,
LAKSHMINARAYANAPURAM,
SRIRAMPAURAM,
BENGALURU - 560 019.
Digitally signed by
VEDAVATHI A K ...PETITIONER
Location: High (BY SRI. KEMPARAJU, ADVOCATE)
Court of Karnataka
AND:
1. STATE OF KARNATAKA
JNANABHARATHI POLICE STATION,
BENGALURU,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
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CRL.P No.3159/2022
2. SMT. VANITHA
W/O CHANDAN,
AGED ABOUT 27 YEARS,
R/AT NO.1289,
4TH CROSS,
AMBEDKAR NAGARA,
ULLALU UPANAGARA,
BENGALURU - 560 056.
...RESPONDENTS
(BY SMT. K.P.YASHODHA, LEARNED HCGP;
SMT. RACHITA NANAIAH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS
AGAINST THE PETITIONER IN C.C.NO.13388/2020, PENDING
ON THE FILE OF IXTH ACMM AT BENGALURU FOR THE
OFFENCE P/U/S 498A, 504, 506, 114 OF IPC AND SEC. 3, 4
AND 6 OF D.P. ACT.
IN CRL.P NO.3159/2022
BETWEEN:
1. D. KESHAVAMURTHY
S/O LATE DASAPPA,
AGED ABOUT 54 YEARS,
2. SMT. ANUSUYA
W/O D.KESHAVAMURTHY,
AGED ABOUT 45 YEARS,
3. KUM.K.HARSHITHA
D/O D. KESHAVAMURTHY,
AGED ABOUT 19 YEARS,
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CRL.P No.1375 of 2024
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CRL.P No.3159/2022
PETITIONER NO.1 TO 3 ARE
R/AT NO. U-17,
2ND CROSS,
4TH MAIN,
LAKSHMINARAYANAPURAM,
SRIRAMPAURAM,
BENGALURU - 560 019.
4. SRI. ANAND B C
S/O CHALUVAMURTHY,
AGED ABOUT 44 YEARS,
5. SMT. CHITHRA
W/O ANAND B C
AGED ABOUT 32 YEARS,
PETITIONER NO.4 & 5
R/AT NO.222, 3RD CROSS,
2ND MAIN,
NEAR GAVIGANGADHARESWARA TEMPLE,
LAKSHMIPURA,
GAVIPURAM EXTINCTION,
BANGALORE - 560 004.
6. VIJAYALAKSHMAMMA
W/O KUMAR
AGED ABOUT 50 YEARS,
R/AT U-17, 12TH CROSS,
4TH MAIN,
LAKSHMINARAYANAPURAM,
SRIRAMAPURAM,
BANGALORE - 560 019.
...PETITIONERS
(BY SRI. KEMPARAJU, ADVOCATE)
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CRL.P No.1375 of 2024
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CRL.P No.3159/2022
AND:
1. STATE OF KARNATAKA BY
JNANABHARATHI POLICE STATION,
BENGALURU,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
2. SMT. VANITHA
W/O CHANDAN,
AGED ABOUT 27 YEARS,
R/AT NO.1289,
4TH CROSS,
AMBEDKAR NAGARA,
ULLALU UPANAGARA,
BENGALURU - 560 056.
...RESPONDENTS
(BY SMT. K.P.YASHODHA, LEARNED HCGP;
SMT. RACHITA NANAIAH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS
AGAINST THE PETITIONERS IN C.C.NO.13388/2020,
(CR.NO.167/2020) PENDING ON THE FILE OF IX ACMM AT
BENGALURU FOR THE OFFENCES PUNISHABLE U/S 498A, 504,
506, 114 R/W SECTION.34 OF IPC AND SEC. 3, 4 AND 6 OF
D.P. ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The Crl.P.No.1375/2024 is filed by the petitioner/accused
No.1 and Crl.P.No.3159/2022 is filed by the petitioner
petitioners/accused Nos.2 to 6 under Section 482 of Cr.P.C., for
quashing the criminal proceedings against the petitioners in
C.C.No.13388/2020 arising out of Crime No.197/2020
registered by the Jnanabharathi Police station, Bengaluru,
charge sheeted for the offences punishable under Sections
498A, 504, 506, 114 read with Section 34 of IPC and Sections
3, 4 and 6 of Dowry Prohibition Act, pending on the file of IX
ACMM, Bengaluru.
2. Learned HCGP takes notice for respondent No.1.
Smt.Rachita Nanaiah, takes notice for respondent No.2.
3. 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
on I.A.No.1/2024 under Section 320 read with Section 482
Cr.P.C., seeking permission of the court to compound the
offence.
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4. Learned counsel for the petitioner submits there
was settlement between the parties in the Matrimonial case and
they both got divorced and as permanent alimony Rs.4 lakhs
has been agreed to be payable by the petitioner/accused No.1
to the respondent No.2. They have already paid Rs.2 lakhs by
demand draft and today they are paying Rs.2 lakhs by way of
demand draft. The same is received and acknowledged by the
respondent No.2.
5. Submission of both the parties are placed on
record.
6. In view of joint compromise between the parties
and 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 the parties have
settled their issues in the Family Court, the court can quash the
criminal proceedings. Hence, interlocutory applications in both
petitions are allowed.
7. Accordingly, both the criminal petition are allowed.
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8. Consequently, the criminal proceedings against
petitioners both the petitions in C.C.No.13388/2020 arising out
of Crime No.197/2020 registered by the Jnanabharathi Police
station, Bengaluru, pending on the file of IX ACMM, Bengaluru,
is hereby quashed.
Sd/-
JUDGE
AKV
CT:SK
