Criminal Petition No. 13368 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:6396 CRL.P No. 13368 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13368 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. 2. 3. 4.
Legal Reasoning
SRI DEVARAJU K S/O KEMPEGOWDA AGED ABOUT 64 YEARS R/AT NO.22 OPP SHIVA TEMPLE, MALLEGOWDANAHALLI, T CHANNAPURA MANDYA KARNATAKA-571 432. SMT DEVIRAMMA @ RATHNAMMA W/O DEVARAJU K AGED ABOUT 61 YEARS R/AT, MALLEGOWDANAHALLI, T CHANNAPURA MANDYA KARNATAKA-571 432. SMT SHARADAMMA K W/O M K THIMMEGOWDA AGED ABOUT 47 YEARS R/AT NO.14/1, 17TH MAIN, MARUTHI BLOCK, BANGALORE SOUTH, BANASHANKARI BENGALURU KARNATAKA-560 050. SRI DEVARAJU K S/O LATE KALEGOWDA K N AGED ABOUT 52 YEARS R/AT NO.225/4,13TH CROSS, THIGALARA PALYA MAIN ROAD, BALAJINAGAR, KANOBANAHALLI BANGALORE – 560 058. (BY SRI. B. SIDDESWARA.,ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2025:KHC:6396 CRL.P No. 13368 of 2023 AND: 1. 2. THE STATE OF KARNATAKA BY RAJGOPAL NAGAR P S BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001. SMT DIVYASHREE V W/O KEMPEGOWDA D/O VENKATESH AGED ABOUT 26 YEARS R/AT NO.55, 1ST MAIN ROAD, SANJEEVINI NAGAR BENGALURU-560 091. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. SHANKARALINGAPPA NAGARAJ, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.26133/2023 FOR OFFENCE PU/S.504,498-A,506,34 OF IPC AND SEC.3,4 OF DP ACT, PENDING ON THE FILE OF THE VII ACMM BENGALURU IN CR.NO.30/2023 FOR OFFENCE P/U/S.504,498-A,506,34 OF IPC AND SEC.3 AND 4 OF DP ACT AGAINST THE ACCUSED PERSONS. 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, petitioners have sought for the following reliefs:- a. Quash entire proceedings in CC.No.26133/2023 for offence/s punishable u/s 498A, 506, 34 of IPC and Sections 3 and 4 of D.P. Act, pending on the file of VII Addl. Chief - 3 - NC: 2025:KHC:6396 CRL.P No. 13368 of 2023 Metropolitan Magistrate, Bengaluru in Crime No.30/2023 for the offence/s punishable u/s 504, 498A, 506, 34 of IPC and Sections 3 and 4 of D.P. Act against the Accused persons. b. And to grant such other relief/s as this Hon’ble Court deems fit, in the interest of justice. 2. Learned counsel for the petitioners – accused Nos. 2 to 4 and 8 and learned counsel for 2nd respondent – complainant have filed a Joint Compromise dated 12.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. 3. Petitioners – accused Nos. 2 to 4 and 8 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Compromise, which reads as under:- JOINT APPLICATION FOR COMPROMISE UNDER SECTION 482 R/W 320 OF THE CODE OF CRIMINAL PROCEDURE “The Petitioners and Respondent No.2 herein most respectfully submit this Joint Compromise Application seeking compounding of the offences enumerated in the charge sheet filed by Respondent No.1 Police in Crime No. 30/2023 In C.C. No. 26133/23, for offences punishable under Sections 504, 498A, 506, 34 of IPC and Sections 3 & 4 of DP Act, currently pending before the VII AddI. Chief Metropolitan Magistrate, Bengaluru as below:- - 4 - NC: 2025:KHC:6396 CRL.P No. 13368 of 2023 1. The Petitioners are presently facing trial in Crime No. 30/2023 by the Rajagopal Nagar Police Station in C.C. No. 26133/23, for offences punishable under Sections 504, 498A, 506, 34 of IPC and Sections 3 & 4 of DP Act, currently pending before the VII Addl. Chief Metropolitan Magistrate, Bengaluru. 2. The Respondent No.2 had instituted Matrimonial Case No. 5521/2023 before the Hon'ble I Addl. Principal Judge, Family Court, Bengaluru, seeking a decree of restitution. During the course of mediation, parties had amicably settled their disputes and agreed for divorce with the accused No.1. Consequently, a decree of divorce was passed, wherein she expressly consented to compound the aforementioned criminal case. 3. The Respondent No.2 is not inclined to pursue the criminal proceedings in C.C. No. 26133/23, as the dispute has already been amicably settled. The matter is currently set down for hearing before charge (HBC). Respondent No.2 has formally withdrawn all allegations made In the complaint. Consequently, the charges framed against the Petitioner have become infructuous and are liable to be compounded in the interest of justice. 4. The Petitioner humbly submits that the offences mentioned herein are compoundable with the leave of this Hon'ble Court, in terms of the law laid down by the Hon'ble Supreme Court in (2012) 10 SCC 303 (Gian Singh's case). 5. The petitioner humbly requests that this Hon'ble Court be pleased to be read the averments made in the main petition as part & parcel of this application to avoid repetitive averments. - 5 - NC: 2025:KHC:6396 CRL.P No. 13368 of 2023 WHEREFORE, the Petitioner and the Respondent No.2 most humbly pray this Hon'ble Court be pleased to accept the joint compromise application and permit the Respondent No.2 to compound the offences against the petitioners in Crime No. 30/2023 by the Rajagopal Nagar Police Station in C.C. No. 26133/23, for offences punishable under Sections 504, 498A, 506, 34 of IPC and Sections 3 & 4 of DP Act, currently pending before the VII Addl. Chief Metropolitan Magistrate, Bengaluru, in the ends of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
Decision
ORDER (i) Petition is disposed of in terms of the Joint Compromise dated 12.02.2025. (ii) All further proceedings in C.C.No.26133/2023 arising out of FIR in Crime No.30/2023 registered by the 1st respondent – Police for the offences punishable under Sections 504, 498A, 506 r/w 34 of IPC and under Sections 3 and 4 of the D.P.Act, pending on the file of VI ACMM, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.