Karnataka High Court
Sri Prajwal S B vs The State Of Karnataka on 13 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:32491
CRL.P No. 7432 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7432 OF 2024
BETWEEN:
1. SRI PRAJWAL S.B.,
S/O BASAVARAJU,
AGED ABOUT 32 YEARS,
RESIDING AT NO. 17,
2ND CROSS,
GANGAPPA BLOCK,
GANGANAGAR,
BENGALURU - 560 032.
2. SRI BASAVARJ S.S.,
S/O LATE SAKE GOWDA,
AGED ABOUT 59 YEARS,
RESIDING AT NO. 17, 2ND CROSS,
Digitally signed
by NAGAVENI GANGAPPA BLOCK,
Location: HIGH GANGANAGAR,
COURT OF
KARNATAKA BENGALURU - 560 032.
...PETITIONERS
(BY SRI. HAREESH KUMAR N.T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BAGALAGUNTE POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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NC: 2024:KHC:32491
CRL.P No. 7432 of 2024
BENGALURU - 560 001.
2. SMT. RACHANA L.,
W/O PRAJWAL S.B.,
AGED ABOUT 30 YEARS,
RESIDING AT NO. 453, 19TH CROSS,
NEAR KAMALA CLINIC,
PIPELINE ROAD, T.DASARAHALLI,
BENGALURU - 560 057.
...RESPONDENTS
(BY SRI THEJESH P., HCGP FOR R-1;
SRI ABHILASH KUMAR M.N., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS,
AGAINST THE PETITIONERS IN CC.NO.1243/2024, ON THE
FILE OF XXXI ACMM, BENGALURU, FOR THE OFFENSES P/U/S
498-A, 504, 506, 34 OF IPC, U/S 3 AND 4 OF DP ACT, VIDE
ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.1243/2024 registered for offences punishable under Sections 498A, 504, 506 and 34 of the IPC and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, pending before the XXXI Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.357/2023. -3-
NC: 2024:KHC:32491 CRL.P No. 7432 of 2024
2. Heard Sri N T Hareesh Kumar, learned counsel appearing for petitioners, Sri Thejesh P, learned High Court Government Pleader appearing for the respondent No.1 and Sri Abhilash Kumar M N, learned counsel appearing for respondent No.2.
3. Learned counsel appearing for the petitioners would submit that the parties to the lis have arrived at a settlement before the family Court in M.C.No.5205/2023 and a copy of memorandum of settlement filed under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed before this Court. He would also submit that the conditions stipulated in the settlement are fulfilled. The relevant paragraphs of memorandum of settlement read as follows:
".... .... ....
8. The respondent has filed a criminal case against the petitioner and others in C.C. 1243/2024 and under section 498A, 504, 506 R/w 34 of IPC and 3 & 4 DP Act which is pending before 31th ACMM, Bengaluru. In view of the settlement reached between the parties the respondent has agreed to co-operate to close/quash the proceedings in the above case before the appropriate authorities." -4-
NC: 2024:KHC:32491 CRL.P No. 7432 of 2024 The parties have also filed an application before this Court under Section 320 r/w Section 482 of the Cr.P.C. seeking to compound the offences. The joint affidavit filed by the 1st petitioner and the respondent No.2 in support of the application reads as follows:
"JOINT AFFIDAVIT WE, PRAJWAL.S.B, S/o Basavaraju, Aged About 32 years, R/at No.17, 2nd Cross, Gangappa Block, Ganganagar, Bengaluru and RACHANA.L, W/o Lakshman Kumar, Aged About 30 Years, R/at No.453, 19th Cross, Near Kamala Clinic, Pipeline Road, Dasarahalli, Bengaluru do hereby solemnly affirm and state on oath as follows:
1) We are the petitioner No.1 and respondent No.2, respectively in the above petition and hence we are conversant with the facts of the case. We also filed application U/s 320(6) of Cr.P.C, for indulgence of this Honble Court to quash the proceedings
2) We state that, above petition is filed to quash the criminal proceedings in C.C.No.1243/2024 pending before 31st ACMM, Benglauru for the offences punishable under Sections 498(A), 504, 506, 34 of IPC, registered against the petitioners on the complaint of respondent No.2.
3) we, submit that, we resolved our disputes in MC No.5205/2023 before Mediation center and we obtained decree of divorce and hence we are not interested in prosecuting the case and if the proceedings continued the same will be an harassment to both the parties and hence the criminal proceedings are liable to be quashed and no public interest or property involved in the case.
5) we submit that the offences are non compoundable in nature against the petitioners and hence we are seeking indulgence of this Hon'ble Court and we -5- NC: 2024:KHC:32491 CRL.P No. 7432 of 2024 have no objection to quash the proceedings, as prayed for in the petition.
Wherefore we prays that this Hon'ble Court may be pleased quash the entire proceedings against the petitioners, offences punishable under Sections 498(A), 504, 506, 34 of IPC, and 3, 4 of DP Act in CC No.1243/2023, registered by respondent No.1, police, which is pending before XXXI ACMM, Benglauru, in the interest of justice and equity.
We, the deponents, do hereby swear and declare that, what is stated above is true and correct to the best of our knowledge, information and belief."
4. In terms of the memorandum of settlement arrived at between the parties, which also recognizes closure of the present proceedings and also in view of the joint affidavit filed supra and the offence alleged being the one punishable under Section 498A of the IPC inter alia, I deem it appropriate to compound the offence and terminate the proceedings against the petitioners, as the same is not against the State.
5. For the aforesaid reasons, I pass the following:
ORDER
(i) The Criminal Petition is allowed.-6-
NC: 2024:KHC:32491 CRL.P No. 7432 of 2024
(ii) The impugned proceedings in C.C.No.1243/2024 pending on the file of the XXXI ACMM Court, Bengaluru, stand quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 78