Sri Prashanth Paul vs State Of Karnataka By
2024 Latest Caselaw 27838 Kant

Karnataka High Court

Sri Prashanth Paul vs State Of Karnataka By on 20 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                 -1-
                                                            NC: 2024:KHC:47095
                                                       CRL.P No. 11326 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                              BEFORE
                               THE HON'BLE MR JUSTICE K.NATARAJAN
                       CRIMINAL PETITION NO. 11326 OF 2024 (482(Cr.PC) /
                                            528(BNSS)-)



                      BETWEEN:

                            SRI. PRASHANTH PAUL
                            AGED ABOUT 37 YEARS,
                            S/O RAJAN ALFRED PAUL,
                            R/AT NO. B001,
                            MANA KARMEL APARTMENTS,
                            NEAR RGA TECHPARK,
                            HADUSIDDAPURA,
                            BENGALURU - 560 035.
                                                                 ...PETITIONER

                      (BY SRI. SRINATHA B V., ADVOCATE FOR
Digitally signed by       SRI. NANJUNDA GOWDA M R., ADVOCATE)
VEDAVATHI A K
Location: High
Court of
Karnataka
                      AND:


                      1.    STATE OF KARNATAKA BY
                            EAST ZONE WOMEN POLICE,
                            BENGALURU,
                            REPRESENTED BY
                            STATE PUBLIC PROSECUTOR,
                            BENGALURU - 560 001.
                            -2-
                                       NC: 2024:KHC:47095
                                  CRL.P No. 11326 of 2024




2.   SMT. SURBHI SMITA DAVID
     W/O PRASHANTH PAUL,
     AGED ABOUT 34 YEARS,
     RA/T NO.401,
     4TH FLOOR, 4TH CROSS,
     NEAR IMMADIHALLI,
     HANUMAN TEMPLE ROAD,
     WHITEFIELD,
     BENGALURU - 560 066.

                                          ...RESPONDENTS

(BY SMT. M. M. WAHIDA, HCGP FOR R1;
    SRI. ARUN NACHAPPA, ADVOCATE FOR R2)



      THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS)    PRAYING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.37137/2022 ARISING
OUT OF CR.NO.111/2022 OF EAST ZONE WOMEN POLICE
WHICH IS NOW PENDING ON THE FILE OF THE 11TH ADDL.
CHIEF   METROPOLITAN     MAGISTRATE,    MAYO   HALL    AT
BENGALURU FOR THE OFFENCES P/U/S 498(A), 323, 504 OF
IPC. (TRANSFERRED FROM 6TH ACMM TO 11TH ACMM AS PER
ORDER DATED:07.03.2024).




      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                                  -3-
                                                 NC: 2024:KHC:47095
                                        CRL.P No. 11326 of 2024




CORAM:    HON'BLE MR JUSTICE K.NATARAJAN


                           ORAL ORDER

This petition filed by the petitioner/accused under Section

482 of Cr.P.C. for quashing the criminal proceedings in

C.C.No.37137/2022 arising out of Crime No.111/2022,

registered by the East Zone Women Police, Bangalore, and

charge sheeted for the offences punishable under Sections

498(A), 323, 504 of IPC., pending on the file of 11th ACMM,

Bangalore.

2. During the pendency of the petition both petitioner

and respondent No.2 appeared through their counsel and filed

joint compromise application under Section 320 R/w 482 of

Cr.P.C., seeking permission to compromise.

3. Both petitioner and respondent No.2 settled their

dispute before the Karnataka Mediation Centre in

M.C.No.183/2024 before the 1st Addl. Senior Civil Judge,

Bengaluru. And in terms of the compromise, the petitioner said

to be paid Rs.4,75,000/- by way of demand draft as full and

final settlement to the respondent No.2 and same is said to be

NC: 2024:KHC:47095

received and acknowledged by the respondent No.2 in the

court.

4. In view of the judgment of the Hon'ble Supreme

Court Gian Singh Vs. State of Punjab and Another reported

in (2012) 10 SCC 303 that when the parties are settled their

dispute in the matrimonial case the court can accept the

compromise.

5. Accordingly, IA.1/2024 is allowed.

6. Permitted the parties to compromise.

7. Consequently, criminal petition is allowed.

8. The criminal proceeding against this petitioner in

C.C.No.37137/2022 arising out of Crime No.111/2022 pending

on the file of 11th ACMM, Bangalore is hereby quashed.

Sd/-

(K.NATARAJAN) JUDGE

SRK

CT:SK