Karnataka High Court
Rohith Kumar Y vs The State Of Karnataka on 4 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:8864
CRL.P No. 3349 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 3349 OF 2022
BETWEEN:
1. ROHITH KUMAR Y
S/O LATE YUVARAJKUMAR,
AGED ABOUT 39 YEARS,
2. SUNANDAMMA
W/O LATE YUVARAJKUMAR,
AGED ABOUT 51 YEARS,
PETITIONER NO.1 AND 2 ARE
R/AT NO.213/CA -3623,
2nd CROSS,
GIRINAGARA,
BENGALURU - 560 085.
Digitally signed
by BHAVANI BAI 3. KASHI VISHWANATHA
G
Location: High S/O LATE KUMARASWAMY M.,
Court of
Karnataka AGED ABOUT 62 YEARS,
R/AT MELUKOTE VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 431.
4. SOMASHEKHARA
S/O HONNACHAR,
AGED ABOUT 50 YEARS,
R/AT NO.14/2,
1st MAIN, B STREET,
NEW GUDDADAHALLI,
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CRL.P No. 3349 of 2022
MYSURU ROAD,
BENGALURU - 560 026.
5. SMT. JYOTHI
W/O SOMASHEKHARA,
AGED ABOUT 43 YEARS,
R/AT NO.95/1,
2nd PHASE,
KSS ANIVARSAN,
HOSAHALLI,
BENGALURU - 561 203.
6. PRADEEP KUMAR
S/O GANGADHARA MURTHY,
AGED ABOUT 44 YEARS,
7. SMT. KUSUMA
W/O PRADEEP KUMAR,
AGED ABOUT 44 YEARS,
PETITIONER NO.6 AND 7 ARE
R/AT NO.3782, KAUVERI ROAD,
GIRI NAGARA, BSK 3rd STAGE,
BENGALURU - 560 085.
8. SMT. UMADEVI
W/O KASHI VISHWANATHA MURTHY,
AGED ABOUT 55 YEARS,
R/AT MELUKOTE VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 431.
9. VASANTAMMA
W/O JANARDHANAMURTHY N.S
AGED ABOUT 65 YEARS,
R/AT NO.101, SHRI NILAYA,
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NC: 2024:KHC:8864
CRL.P No. 3349 of 2022
SHILPA SHRINIVASA CHAR BLOCK,
GAYITRIPURAM, MYSURU CITY,
MYSURU DISTRICT - 570 019.
...PETITIONERS
(BY SRI. VEERESHA H.B. ADVOCATE FOR
SRI. H.B. CHANDRASHEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE MANDYA WEST POLICE,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. SMITHA R
@ PAVITRA R
D/O RAMACHAR,
AGED ABOUT 27 YEARS,
R/AT KT-600, 12th CROSS,
CHAMUNDESHWARI NAGAR,
MANDYA - 571 401.
...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R1-STATE
SRI. SHANTH KUMAR. N., ADVOCAE FOR R2-ABSENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS
AGAINST THE PETITIONER IN CR.NO.3/2021 FOR THE
OFFENCE P/U/S.498-A, 323, 504, 506, 114 AND 149 OF IPC
AND SEC.3 AND 4 AND 6 OF DOWRY PROHIBITION ACT
PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
AND JMFC AT MANDYA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 3349 of 2022
ORDER
This petition is filed by the petitioners-accused Nos.1
to 8 and 10 under Section 482 of Cr.P.C. for quashing the
criminal proceedings in Crime No.3/2021 registered by
Mandya West Police, Mandya and charge sheeted for the
offences punishable under Sections 498-A, 323, 504, 506,
114 read with Section 149 of IPC and Sections 3, 4 and 6
of Dowry Prohibition Act, 1961.
2. Heard the arguments of learned counsel for the
petitioners and learned High Court Government Pleader for
the respondent No.1-State.
3. Learned counsel for respondent No.2 remained
absent.
4. The case of the petitioners is that on the
complaint of respondent No.2, the Police registered FIR for
the alleged offences and subsequently, the petitioner No.1
and respondent No.2 have settled their issues before the
Principal Senior Civil and CJM, Mandya in
M.C.No.126/2021 where the petitioner No.1 has already
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paid Rs.15,00,000/- as permanent alimony to respondent
No.2 and she has undertaken to withdraw the complaint
and the matrimonial Court has already granted decree of
divorce in favour of the parties. Though she has
undertaken to co-operate for quashing the criminal
proceedings, but she has not supported or co-operated
with him to quash the criminal proceedings. Therefore,
prayed for quashing the same.
5. Considering the facts and circumstances of the
case, once the matter has been settled between the
parties before the Bangalore Mediation Centre in
M.C.No.126/2021 where the respondent No.2 agreed to
co-operate with petitioner No.1 for quashing the criminal
proceedings in respect of Crime No.3/2021. Such being
the case, as the parties have already settled their dispute
in matrimonial case, as per 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, the
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proceedings against the petitioners cannot be continued
which amounts to abuse of process of law.
6. Accordingly, the petition is allowed.
The criminal proceedings against the petitioners in
C.C.No.10233/2021 arising out of Crime No.3/2021
registered by Mandya West Police, Mandya is hereby
quashed.
Sd/-
JUDGE
GBB
CT:SK
