Karnataka High Court
Vanaraju Y.P @ Krishnamurthy vs The State Of Karnataka on 27 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 9568 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9568 OF 2023
BETWEEN:
1. VANARAJU Y.P @ KRISHNAMURTHY
S/O PUTTARAMEGOWDA
AGED ABOUT 35 YEARS
R/AT NO.16,
SHIVA GOWRI NILAYA
8TH CROSS
NEAR SURYA DEPARTMENTAL STORE
JNANAJYOTHI NAGAR
MALLATHAHALLI
BENGALURU - 560 056.
2. VENKATAPRASAD Y. P.,
S/O PUTTARAMEGOWDA
AGED ABOUT 33 YEARS
Digitally signed R/AT NO.16,
by NAGAVENI
Location: HIGH SHIVA GOWRI NILAYA
COURT OF
KARNATAKA 8TH CROSS
NEAR SURYA DEPARTMENTAL STORE
JNANAJYOTHI NAGAR
MALLATHAHALLI
BENGALURU - 560 056.
3. Y.H.PUTTARAMEGOWDA
S/O LATE HONNEGOWDA
AGED ABOUT 72 YEARS
R/AT NO.8, YELAKADAKALU
UJJINI, TUMKURU - 572 123.
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CRL.P No. 9568 of 2023
4. SMT. SHYLAMMA
W/O Y.H.PUTTARAMEGOWDA
AGED ABOUT 66 YEARS
R/AT NO.8, YELAKADAKALU
UJJINI, TUMKURU - 572 123.
...PETITIONERS
(BY SRI K.AKRAM PASHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY TUMKURU WOMEN P.S.,
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SMT. TEJASHRI B. S.,
W/O VANARAJU Y. P.,
@ KRISHNAMURTHY
AGED ABOUT 29 YEARS
R/AT 6TH MAIN, 4TH CROSS
SADASHIVANAGAR
TUMKUR DISTRICT - 572 123.
...RESPONDENTS
(BY SMT. RASHMI PATIL, HCGP FOR R1;
SRI CHETHAN B., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF THE CR.P.C. PRAYING
TO QUASH THE PROCEEDINGS IN C.C.NO.4764/2022 ON THE
FILE OF THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC
AT TUMKUR, FOR THE ALLEGED OFFENCE U/S 498A, 323, 307,
427, 448, 504, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P.
ACT, AGAINST THE PETITIONERS WHO ARRAYED AS ACCUSED
NO.1 TO 4 AND FURTHER BE PLEASED TO PASS ANY ORDER
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CRL.P No. 9568 of 2023
COMMENSURATING WITH THE FACTS AND CIRCUMSTANCES
OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners are before this Court calling in question the proceedings in C.C.No.4764 of 2022 pending on the file of II Additional Senior Civil Judge and JMFC, Tumkur registered for offences punishable under Sections 498A, 323, 307, 427, 448, 504, 506 r/w Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Sri K Akram Pasha, learned counsel appearing for petitioners, Smt Rashmi Patil, learned High Court Government Pleader for respondent No.1 and Sri Chethan B, learned counsel appearing for respondent No.2.
3. The parties to the lis were before the Family Court, Tumkur in M.C.No.154 of 2024 and during the pendency of the proceedings before this Court, they have settled the matter amicably between themselves before the Mediation Centre by -4- NC: 2024:KHC:48679 CRL.P No. 9568 of 2023 drawing up certain terms of settlement by filing a memorandum of settlement under Section 89 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. An application under Section 320(2) of the Cr.P.C. is also filed seeking to compound the offences. The relevant paragraphs of the application reads as follows:
".... .... ....
4. It is submitted that, in M.C. 154/2024, before Hon'ble I Additional Principal Judge, Family Court, Tumakuru, The Memorandum of agreement dated 06/08/2024 was filed U/s. 89 of C.P.C R/w section 24 and 25 of Karnataka Civil Procedure (Mediation) Rules 2007. Consequently, the Hon'ble Court has dissolved the marriage solemnized on 21/10/2018 at Tumakuru by decree of Divorce on 14/10/2024.
5. It is Submitted that, As a part of the mediation terms, Permanent Alimony of Rs. 7,00,000 (Rupees Seven Lakhs Only) was deposited by Petitioner on 13/09/2024 by way of D.D. No.395085 dated: 12/09/2024 drawn on Canara Bank Tumakuru The said D.D. is in safe custody of Family Court, Tumakuru. We pray this Hon'ble Court to release the said D.D. to the Respondent No.2 immediately.
6. It is submitted that, at the intervention of well-wishers and friends the Petitioners and the Respondent No.2 have settled their dispute out of court amicably.
WHEREFORE, the Petitioner and Respondent No.2 prays that this Hon'ble Court may be pleased to accord permission to compound the offences, in the interest of justice and equity."
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4. Learned counsel for the parties would submit that all other conditions in the settlement stands fulfilled and the complainant has no objection to quash the proceedings.
5. Since the offences alleged against the petitioners are punishable under Sections 498A inter alia and not against the State or the Society, and in the light of the settlement arrived at between the parties as afore-quoted, I deem it appropriate to obliterate the proceedings pending against the petitioners.
6. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) The impugned proceedings in in C.C.No.4764 of 2022 pending on the file of II Additional Senior Civil Judge and JMFC, Tumkur stands quashed qua the petitioners.
Consequently, I.A.No.1 of 2023 also stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP/List No.: 2 Sl No.: 49/CT:SS