Criminal Petition No. 12919 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12919 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR ADITHYA SURI S/O ANUP SURI, AGED ABOUT 29 YEARS, R/AT NO.1230, SECTOR 9, FARIDABAD, HARYANA 121 006. 2. MRS JYOTHI SURI W/O ANUP SURI, AGED ABOUT 63 YEARS, R/AT NO.1230, SECTOR 9 FARIDABAD, HARYANA – 121 006. 3. MR ANUP SURI S/O SHYAM SUNDER SURI, AGED ABOUT 65 YEARS, R/AT NO.1230, SECTOR 9 FARIDABAD, HARYANA 121 006.
Legal Reasoning
(BY SRI. ANIL KUMAR M V.,ADVOCATE) AND: …PETITIONERS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SMT TARUNIKA KHANNA W/O ADITYA SURI, D/O ARUN KHANNA, AGED ABOUT 29 YEARS, R/AT NO.A-1207, RNS SHANTHI NIVAS, TUMKUR ROAD, YESHWANTHPUR, BANGALORE 560 022. (BY SMT.RASHMI JADHAV, ADDL.SPP FOR R-1 SRI. C.V. SRINIVASA ADVOCATE FOR R-2) …RESPONDENTS - 2 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO A. SET ASIDE THE IMPUGNED ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONER/ACCUSED PERSONS DATED 06.07.2023 PASSED BY THE HO NBLE XXXVII ACMM, BENGALURU IN C.C.NO.16644/2023 FOR OFFENCE P/U/S.498-A,506,323 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT 1961. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “i. Set aside the impugned Order of taking cognizance against the Petitioners/accused persons dated 06.07.2023 passed by Hon’ble XXXVII A.C.M.M., Bangalore in C.C.16644/2023 for offences punishable under Section 498(A), 506, 323 R/w. Section 34 of I.P.C. and Section 4 of Dowry Prohibition Act, 1961. ii. Quash the charge sheet filed by the Respondent No.1 police against Petitioners/Accused persons in Crime No.310/2022 of Basavanagudi Women Police, for offences punishable under Section 498(A), 506, 323, R/w. Section 34 of IPC and Section 34 of Dowry Prohibition Act, 1961 pending on the file of the Hon’ble XXXVII A.C.M.M. Bangalore in C.C.16644/2023 (Annexure-D) and consequently, quash the entire proceedings against the petitioners in C.C.16644/2023 pending on the file of the Hon’ble XXXVII A.C.M.M, Bangalore. - 3 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 iii. Grant such other relief as this Hon’ble Court may deem fit on the facts and circumstances of the case.” 2. Learned counsel for the petitioners-accused Nos.1 to 3 and learned counsel for 2nd respondent- have filed an application under Section 320(2) of Cr.P.C. A/w Section 359 of B.N.S.S., duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners-accused Nos.1 to 3 and respondent No.2 are physically present before the Court and they admit the contents of the aforesaid application under Section 320(2) of Cr.P.C., which reads as under:- “The petitioners/accused persons and the respondent No.2/complainant submit as follows:- 1. This application is filed seeking permission to compound the offences punishable U/s. 498-A, 506, 323, R/w 34 of IPC and Sections 4 of D.P. Act in CC.No.16644/2023 pending before the XXXVII Addl Chief Metropolitan Magistrate at Bangalore and now transferred to XXXII Addl Chief Metropolitan Magistrate at Bangalore. 2. It is submitted that at the intervention of the elders and the well wishers both the petitioners and the Respondent No.2 have settled all the differences between them and also compromised the aforesaid - 4 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 disputes in order to bring the peace between them. Accordingly the 1st petitioner and the 2nd respondent have compromised their dispute in M.C.No.6622/2022 C/w. M.C.No.7115/2023 filed u/s. 13(1)(i-a) of the Hindu Marriage Act, 1955 on the file of Hon’ble Judge Family Court at Bangalore as per the Mediation dated 16.01.2025 petitioner and the second respondent have settled all their disputes and also their marriage was dissolved by virtue of judgment dated 17.01.2025 passed by the Hon’ble IV Addl. Judge Family Court at Bangalore. 3. It is further submits that the first petitioner will paid Rs.20,00,000/- (Rupees Twenty lakhs only) to the 2nd respondent towards all claims as permanent alimony as full and final settlement by way of Demand Draft bearing No.438910 dated 13/01/2025 drawn on State Bank of India Sector 9 Faridabad Branch for the sum of Rs.20,00,000/- (Rupees twenty Lakhs only), and the said Demand drafts will be handed over to second respondent before the Hon’ble High Court of Karnataka. 4. It is submitted that as per the mediation report the second respondent has agreed to withdraw/quashing the above mentioned criminal case in terms of the compromise petition. Under these circumstances the petitioners prefer this criminal petition for quashing the FIR, Complaint charge sheet and entire proceedings in CC No.16644/2023 pending before the XXXII Addl. Chief Metropolitan Magistrate at Bangalore. - 5 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 5. In view of the settlement arrived between the petitioner No.1 and the respondent No.2, the complainant/respondent No.2 has agreed to quash criminal proceedings initiated by her and she has withdrawn all the allegations and charges against the petitioners. The complainant/respondent No.2 has no objection for quashing the criminal proceedings pending against the petitioners. 6. The petitioners and the complainant/respondent No.2 have understood the contents of this application and out of their free will, volition and without any fear, force threat, or coercion, have affixed their signatures to this application. WHEREFORE, it is prayed that this Hon’ble Court be pleased to allow the application and to permit the petitioners/accused persons and the complainant/ respondent No.2 to compound the above alleged offences punishable U/s 498-A, 506, 323 R/w 34 of IPC and Sections 4 of D.P. Act in CC No.16644/2023 pending before XXXII Addl. Chief Metropolitan magistrate at Bangalore in the ends of justice.” 4. In view of the aforesaid compromise entered into between the petitioners and 2nd respondent, the impugned criminal proceedings in C.C.No.16644/2023 pending on the file of the XXXII Addl. Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. - 6 - NC: 2025:KHC:2339 CRL.P No. 12919 of 2023 5. Petition stands disposed of accordingly in terms of the said joint compromise petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 16