Karnataka High Court
Sri Chandan Kumar N vs State Of Karnataka on 22 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:7595
CRL.P No. 179 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 179 OF 2024
BETWEEN:
1. SRI CHANDAN KUMAR N
S/O NAGENDRA PRASAD.B.S
AGED ABOUT 33 YEARS,
2. SMT NAGARATHNAMMA
W/O NAGENDRA PRASAD.B.S
AGED ABOUT 63 YEARS,
3. SMT BHAVYA.N
D/O NAGENDRA PRASAD .B.S
AGED ABOUT 40 YEARS,
4. SRI NAGENDRA PRASAD.B.S
S/O N SHIVASHANKAR
AGED ABOUT 65 YEARS,
Digitally
ALL ARE R/AT NO.1518,
signed by
ANAND N
2ND MAIN, 'D' GROUP LAYOUT,
Location: SRIGANDHAKAVALU
HIGH
COURT OF BENGALURU-560091
KARNATAKA ...PETITIONERS
(BY SRI. SRINIVASA D C, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ANNAPURNESHWARINAGAR POLICE,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560001
-2-
NC: 2024:KHC:7595
CRL.P No. 179 of 2024
2. SMT YASHASWINI B P
W/O CHANDAN KUMAR N
AGED ABOUT 23 YEARS
R/AT NO.1014, 22ND MAIN,
MARIYAPPANA PALYA,
JNANABHARATHI II STAGE
BENGALURU-560056
...RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI H.V.BHANUPRASAD, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH
THE CHARGE SHEET SUBMITTED BY THE RESPONDENT NO.1
ANNAPURNESHWARI NAGAR POLICE, IN C.C.NO.643/2022
PENDING ON THE FILE OF VI ADDL.C.M.M., BENGALURU
REGISTERED U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4
OF D.P. ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner under Section
482 CrPC praying to quash the Charge Sheet submitted
by the first respondent - Annapoorneshwari Nagar Police
Station, in CC No.643/2022 pending on the file of the V
Additional CMM, Bengaluru for the offences punishable
NC: 2024:KHC:7595
under Sections 498A read with 34 IPC and Sections 3 and
4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners and
the learned counsel for the second respondent as well as
the learned High Court Government Pleader for the State.
3. The petitioners and the second respondent, along
with their respective counsels, are present before the
Court and file a Compromise Petition along with a joint
affidavit seeking permission to compound the offences in
CC No.643/2022 pending on the file of the V Additional
CMM, Bengaluru, for the offences punishable under
Sections 498A read with 34 IPC and Sections 3 and 4 of
the Dowry Prohibition Act, 1961.
4. In terms of the settlement, a sum of
Rs.20,80,000/- has been settled between the parties, out
of which a sum of Rs.5,25,000/- has already been paid by
the petitioner by way of Demand Draft bearing No.003041
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dated 14.12.2023 to the second respondent, and a sum of
Rs.5,05,000/- has been paid by the first petitioner by way
of Demand Draft bearing No.003063 dated 20.02.2024 to
the second respondent. It is agreed that the remaining
amount of Rs.10,50,000/- to be settled on the day of
closing of the divorce case in M.C.No.655/2024 on the file
of the Principal Family Court, Bengaluru.
5. Submission of both the parties are placed on
record.
6. 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 criminal
proceedings required to be quashed. Accordingly, the
following:
ORDER
[i] The criminal petition is allowed.
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[ii] The proceedings in CC No.643/2022 pending on
the file of the V Additional CMM, Bengaluru against the
petitioners-accused is hereby quashed.
Sd/-
JUDGE
NV
