Karnataka High Court
Avinash Sharma vs State By East Zone Women P.S on 1 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:8772
CRL.P No. 9313 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 9313 OF 2023
BETWEEN:
AVINASH SHARMA
AGED ABOUT 38 YEARS,
S/O SHANTI KUMAR,
R/O NO.4035, PRESTIGE SHANTI NIKETAN,
WHITEFIELD BENGALURU CITY,
KARNATAKA - 560 048.
...PETITIONER
(BY SRI. H.N. SHASHIDHAR, SENIOR COUNSEL FOR
SRI. H.S. SUHAS, ADVOCATE)
AND:
1. STATE BY EAST ZONE WOMEN P.S.
SHIVAJINAGAR, BENGALURU,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
Digitally signed by
BHAVANI BAI G
2. SMT. PRATIVA DAL
Location: High
Court of
Karnataka
W/O AVINASH SHARMA,
AGED ABOUT 36 YEARS,
R/O NO.203, PERALITE LAKESIDE APARTMENT,
PARAPPANA AGRAHARA, BANGALORE CITY.
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. VENKATESH DALWAI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT
DATED 01.09.2023 VIDE ANNEXURE A AND B, IN
CR.NO.165/2023 REGISTERED BY THE EAST ZONE WOMEN
P.S., SHIVAJINAGAR, FOR THE OFFENCE P/U/S 498A, 504 AND
-2-
NC: 2024:KHC:8772
CRL.P No. 9313 of 2023
506 OF IPC AND SEC. 4 OF D.P. ACT, PENDNG ON THE FILE OF
6TH ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE
CITY.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under
Section 482 of Cr.P.C. for quashing the FIR in Crime
No.165/2023 registered by East Zone Women Police
Station, Shivajinagar, for the offence punishable under
Section 498A, 504, 506 of IPC and section 4 of the D.P.
Act.
2. During pendency of the petition, both petitioner
and respondent No.2 appeared before the Court along with
their counsels and filed joint compromise application on
I.A.No.2/2024 under Section 482 read with Section 320 of
Cr.P.C. along with the affidavit and joint memo for having
settled their issues as per the terms and conditions
mentioned in the application and they have also said to be
exchanged their articles and ornaments mentioned in the
NC: 2024:KHC:8772
joint memo. Both of them have also agreed that they have
filed petition for mutual divorce under Section 13-B of the
Hindu Marriage Act, 1955.
3. Considering 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.
Therefore, I.A.No.2/2024 is allowed. Permitted the parties
to compound the offence.
4. Consequently, the petition is allowed.
The FIR in Crime No.165/2023 registered by East
Zone Women Police Station, Shivajinagar is hereby
quashed.
NC: 2024:KHC:8772
5. In view of disposal of the main petition, pending
I.A.No.1/2024 does not survive for consideration and the
same is disposed of.
Sd/-
JUDGE
GBB
CT:SK
