Karnataka High Court
Akash Vijay Kalage vs The State Of Karnataka on 2 December, 2021
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MRS.JUSTICE M.G.UMA
CRL.P NO.101885/2015
BETWEEN
1. AKASH VIJAY KALAGE
AGE:23 YEARS
OCC:STUDENT(NOW NIL)
R/O:"NANDA DEEP",
SAVANTS BUILDING,
SHIVAJI CHOWK, PEERANWADI
BELAGAVI
2. VIJAY S/O SIDDARAM KALAGE
AGE:52 YEARS, OCC:ADVOCATE
3. SMT.SUSHMA W/O VIJAY KALAGE
AGE:45 YEARS, OCC:HOUSEHOLD
4. ABHISHEK S/O VIJAY KALAGE
AGE:19 YEARS, OCC:STUDENT
PETITIONER NO.2 TO 4 ARE RESIDEINT OF
MAIN ROAD, NEAR HANUMAN MANDIR,
RAIBAG-591317
DIST:BELAGAVI
...PETITIONERS
(BY SRI.SANJAY S.KATAGERI, ADV.)
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AND
1. THE STATE OF KARNATAKA
THROUGH RAIBAG POLICE STATION
DIST:BELAGAVI
REP BY ADDL SPP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
2. SMT.DEEPA W/O AKASH KALAGE
D/O:BHEEMARAI LAXMAN NAGANUR
AGE:22 YEARS
OCC:HOUSEHOLD
R/O:AT MUGALKHOD ROAD, HIDKAL
TQ:RAIBAG
DIST:BELAGAVI
RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1,
SRI.BAHUBALI N.KANABARGI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.
337/2015 PENDIGN ON THE FILE OF LEARNED PRL JMFC, COURT,
RAIBAG AS INITIATED BY THE RESPONDENTS NO.1 RAIBAG POLICE
STATION ON THE BASIS OF COMPLAINT LODGED BY THE
RESPONDENT NO.2 HEREIN AS AGAINST THE PETITIONERS
HEREIN/ACCUSED NO. 1 TO 4 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 323, 498A, 504, 506 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners are accused Nos.1 to 4 being the husband, father-in-law, mother-in-law and brother-in-law of respondent No.2-informant. The Informant lodged the first information with Raibag police in crime No.337/2015 registered for the offence punishable under Sections 323, 498A, 504, 506 r/w Section 34 of IPC pending on the file of the Principal JMFC, Court, Raibag and investigation is undertaken.
2. In the meantime, petitioners have approached this court seeking to quash the criminal proceedings initiated against them and an interim order of stay of further investigation was granted by this court. In the meantime, it is stated that parties have settled their dispute amicably and filed this application in I.A.No.1/2021 under Section 320 of Cr.P.C. praying to compound the offence and to quash the criminal proceedings.
3. Petitioner Nos.1 to 4 and respondent No.2 are present before the court. Learned counsel representing the parties have identified the parties. Respondent No.2 on enquiry -4- informed that she along with accused No.1 filed a petition in M.C.No.44/2021 which is pending before the Senior Civil Judge & JMFC, Raibag for divorce by mutual consent under Section 13(b) of the Hindu Marriage act, 1956. Respondent No.2 submitted that she has no claim whatsoever against any of the petitioners.
4. Perused the application filed under Section 320 of Cr.P.C. filed by the petitioners and respondent No.2 jointly. The same reads as under:
"PETITION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE, 1973 BY THE PETITIONERS AND THE RESPONDENT NO.2 The Petitioners herein / Accused No.1 to 4 and the Respondent No.2 herein / Complainant most humbly submits as follows:
1) The top noted Criminal Petition is filed as against the initiation of Criminal Prosecution in Raibag P.S. Crime NO.337/2015 and which is pending on the file of the learned Principal JMFC Court, Raibag, on the basis of the complaint filed by the Respondent No.2 herein as against the Petitioners herein for the offences punishable Under Section-323, 498-A, 504, 506 R/W Section 34 of IPC. Hence this Criminal Petition is filed for quashing the said proceedings by the Accused No.1 to 4 / Petitioners herein.-5-
2) That, this Hon'ble Court was please to grant Interim Order of Stay of 25-11-2015, by Staying the said Criminal Proceedings in Crime No.337/2015 and subsequently the Criminal Petition was admitted and now pending for Final Hearing before this Hon'ble Court.
3) That, during pendency of his proceeding before this Hon'ble Court, the Petitioners and the Respondent No.2 herein have amicably settled the matter between them. The Petitioner No.1 is the husband of the Respondent No.2 herein and their marriage was solemnized on 18.05.2015 and they have got Registered the same before the Registrar of Marriages, at Belagavi on 19.05.2015.
4) That, in view of the said Agreed Terms of settlement, the Petitioner No.1 and the Respondent No.2 herein have now jointly filed the Petition Under Section 13(B) of the Hindu Marriage Act, 1955, since they are governed Under this Hindu Customs and Religion. The said Matrimonial Case No.44/2021 is filed and now pending on the file of the learned Senior Civil Judge and JMFC, Raibag. Wherein they have sought for dissolution of their marriage which was solemnized and registered on 19.05.2015 before the Registrar of Marriages, Belagavi in BEL/HM-611/2015-16, by Decree of Divorce by Mutual Consent. The copy of the said Matrimonial Case No.44/2021 and the Order Sheet are produced herein for Reference purpose to this Hon'ble Court.
5) That, in the said Matrimonial Case No.44/2021, the parties have withdrawn the allegations made against each other and so also against the other Petitioners herein i.e., Family Members of the Petitioner No.1. Further, they have -6- specifically resolved to settle the dispute, since they cannot proceed with their married life and which is agreeable to both the Family Members. Thus, to keep good reputation of the parties in the Society, the said Petition has been filed for Decree of Divorce by way of Mutual Consent. Further, they don't have any issues from the said Marriage. So also other Terms and Conditions of Civil Nature and other obligations are stated therein, which they are going to abide by it.
6) That, in view of filing the said Matrimonial Case, the Petitioners and the Respondent No.2 herein have decided to Compound the said Criminal Case in Raibag P.S.Crime No.337/2015 which is registered for the Offences Punishable U/Sections 323, 498-A, 504, 506 R/w. 34 of IPC as against the Petitioners herein, who are Accused No.1 to 4.
7) The said Offences are Compoundable, except Section 498A of IPC. However, this Hon'ble Court and the Hon'ble Supreme Court have held that, in case of Matrimonial Proceedings, the parties with due permission of the Court can seek Compoundable of the said Offences as held in the case of B.S.Joshi Vs. State of Haryana, as Reported in (2003) 4 SCC 675 and considered in the Case of Geeta Mehrotra Vs. State of U.P., as Reported in (2012) 10 ACC 741. Hence, the Petitioners NO.1 to 4 and the Respondent No.2 herein are seeking for Compounding of the said Case in Raibag P.S.Crime No.337/2015 and which is no pending for adjudication before the Learned Prl. JMFC Court, Raibag.
8) That, the parties have filed their Aadhaar Carrds for identification and as such the top noted Criminal Petition be kindly allowed, by quashing the said proceedings in Raibag -7- P.S.Crime No.337/2015 which is Registered as against the Petitioners herein as Accused No.1 to 4 for the Offences Punishable U/sections 323, 498-A, 504, 506 R/w 34 of IPC, by allowing this Application for Compounding the said Offences between the parties by this Hon'ble Court.
9) That, the Petitioners No.1 to 4 as well as the Respondent No.2 herein have by their free will and with consciousness are filing this joint application for Compounding the said Offences. Hence, there is no any coercion or threat or undue influence to the Respondent No.2 herein from the Petitioners / Accused No.1 to 4 or any one on their behalf in this regard. So also to the Petitioners herein. Hence, this Application be kindly accepted and that effect all the parties have filed separate Verifying Affidavit in this regard.
10) That, this Application be kindly allowed, as otherwise the Petitioners herein as well as the Respondent No.2 herein will be put to unnecessary litigation and so also to avoid any further misunderstanding between them.
Therefore, for the reasons stated above, the Petitioners and the Respondent No.2 herein most humbly prays to this Hon'ble Court be please to Allow this Application which is filed Under Section 320 of the Code of Criminal Procedure, 1973 for Compounding the Offences Punishable Under Sections 323, 498-A 504, 506 R/w 34 of IPC which is Registered by the Raibag Police Station in FIR Crime NO.337/2015 and which is pending on the file of the learned Prl. JMFC Court, Raibag by quashing the said proceedings as against the Petitioners herein / Accused No.1 to 4 and thereby allowing this Criminal Petition by this Hon'ble Court, in the interest of justice and equity."
-8-5. On perusal of the application, I find considerable force in the contention of the learned counsel for the petitioners and respondent No.2 that petitioner No.1 and respondent No.2 who are married on 19.05.2015 are now residing separately.
They have now filed a joint petition seeking divorce by mutual consent. Respondent No.2 agreed to withdraw her allegations made against the petitioners and also criminal case registered against them. It is stated that petitioner No.1 and respondent No.2 are now aged 27 years and they have no issues. Both of them are intending to have their future life settled. Under such circumstances, I do not find any reason to reject the prayer made in the application. In view of the decision of the Hon'ble Apex Court in the case of Gian Singh Vs State of Punjab and Another1, I deem it appropriate to accord permission to compound the offence. Hence, petition is liable to be allowed and the parties are permitted to compound the offence. Respondent No.2 withdrawn the allegations made against the petitioners.
Since they have already filed a petition for divorce by mutual consent and also they are not having any issues and they do not 1 (2012) 10 SCC 303 -9- have any claim against each other, I deem it appropriate to quash the criminal proceedings, which will enable them to lead their life independently and also peacefully. Accordingly, I proceed to pass the following:
ORDER The criminal petition is allowed. The application filed in I.A.No.1/2021 under Section 320 of Cr.P.C. is allowed. The parties are permitted to compound the offence.
The criminal proceedings initiated against the petitioners herein in crime No.337/2015 for the offence punishable under Sections 323, 498A, 504, 506 r/w Section 34 of IPC which is pending on the file of the Principal JMFC, Court, Raibag is quashed.
Sd/-
JUDGE MBS/-