Karnataka High Court
Devaans Patesaria vs State Of Karnataka on 23 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:7679
CRL.P No. 13561 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 13561 OF 2023
BETWEEN:
1. DEVAANS PATESARIA
S/O LT NIRMAL
KUMAR PATESARIA,
AGED 35 YEARS.
2. ASHA PATESARIA
W/O LT NIRMALA
KUMAR PATESARIA,
AGED 61 YEARS,
R/A ETA STAR THE GARDENS,
APARTMENTS, G-502,
MAGADI ROAD,
NEAR BINNY MILLS CIRCLE,
BANGALORE - 560023.
3. ADITI GARG
Digitally signed
by V KRISHNA W/O ASHSIH GARG,
Location: High AGED 42 YEARS
Court of
Karnataka 4. ASHISH GARG
S/O NARENDRA GARG,
AGED 41 YEARS,
R/A ETA STAR THE GARDENS,
APARTMENTS,B-1506,
MAGADI ROAD,
NEAR BINNY MILLS CIRCLE,
BANGALORE 560023
...PETITIONERS
(BY SRI KAPIL DIXIT, ADVOCATE)
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NC: 2024:KHC:7679
CRL.P No. 13561 of 2023
AND:
1. STATE OF KARNATAKA
THROUGH K P AGRAHARA PS,
REP BY PP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560001.
2. NEHA AGARWAL
W/O DEVAANS PATESARIA,
AGED 35 YEARS,
R/AT FLAT NO.E-1102,
PRIDE ENCHANTA,
MYSURU ROAD,
BANGALORE - 560 026.
...RESPONDENTS
(BY SRI VENKAT SATYANARAYAN, HCGP FOR R1 AND SRI
M P SRIKANTH, ADVOCATE FOR R2)
***
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDINGS IN C.C.NO.2230/2023 IN
ANNEXURE-A, PENDING ON THE FILE OF XXX ADDL.C.M.M.,
BENGALURU FOR THE OFFENCE P/U/S 498A OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:7679
CRL.P No. 13561 of 2023
ORDER
Learned High Court Government Pleader take notice for
respondent No.1 - State. Learned counsel Sri M.P. Srikanth,
appears for respondent No.2.
2. This petition is filed by petitioner - accused Nos.1 to
4 under Section 482 of CR.P.C for quashing the criminal
proceedings in CC No.2230/2023 pending on the file of XXX
Addl. Chief Metropolitan Magistrate, Bengaluru arising out of Cr.
No.211/2021 registered by Kempapura Agrahara Police Station
and charge sheeted for the offences punishable under Section
498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. During pendency of petition of petitioner for No.1
and respondent No.2 along with their counsel filed a
compromise application seeking permission of the Court to
compound the offences. It is submitted by the counsel for the
parties that is the matter was settled between the parties
before the Mediation Center. As per the settlement the
petitioner required to return back all are ornaments or articles
given to him during the time of marriage and after the
marriage.
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3. Accordingly, the petitioner hand over the articles to
the respondent No.2 in the open Court. Apart from that a sum
of Rs.10,00,000/- by way of a Demand Draft has been handed
over by the petitioner to the respondent No.2 and the same is
received by her and acknowledged the same. As per 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.
Accordingly, the following order;
ORDER
(i) Accordingly, IA is allowed and parties are
permitted to compound the offence.;
(ii) Consequently, criminal petition is allowed.;
(iii) Criminal Proceeding against the petitioners -
accused Nos.1 to 4 in CC No.2230/2023
pending on the file of XXX Addl. Chief
Metropolitan Magistrate, Bengaluru arising out
of Cr. No.211/2021 registered by Kempapura
Agrahara Police Station and charge sheeted for
the offences punishable under Section 498A of
NC: 2024:KHC:7679
IPC and Sections 3 and 4 of the Dowry
Prohibition Act, is hereby quashed.
Sd/-
JUDGE
VK
