Karnataka High Court
Venkatesh And Ors vs The State Of Karnataka And Anr on 3 February, 2022
Author: V.Srishananda
Bench: V.Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.201067/2021
BETWEEN:
1. VENKATESH S/O PARSHURAM MEDA,
AGE: 36 YEARS, OCCU: UNEMPLOYEE,
R/O NEAR CHAMAN BAMBU BAZAR,
BIDAR
TQ. AND DIST. BIDAR-585401.
2. BALAMANI S/O PARSHURAM MEDA
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O NEAR CHAMAN BAMBU
BAZAR BIDAR
TQ. AND DIST. BIDAR-585401.
3. SAILAJA W/O LATE GOPI
AGE: 32 YEARS, OCC: HOUSE WIFE,
R/O MAHEBUB NAGAR,
TQ AND DIST MAHEBUBNAGAR,
TALANGANA STATE.
4. RAJANI W/O DEVARAJ
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O HYDERABAD,
TELANGANA STATE.
5. VENKATESH S/O LATE AYYEPPA
AGE: 55 YEARS, OCC: LABOUR,
2
R/O NEAR CHAMAN BAMBU
BAZAR, BIDAR
TQ. AND DIST. BIDAR-585401.
... PETITIONERS
(BY SRI JAIRAJ K. BUKKA , ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS KALABURAGI WOMEN P. S.
REP BY ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH KALABURAGI-585102.
2. SMT. SUREKHA W/O VENKATESH NAGESHWAR
AGE: 30 YEARS, OCC: HOUSE WIFE,
R/O NEAR CHAMAN BAMBU BAZAR,
BIDAR TQ AND DIST BIDAR-585401
NOW AT VISHWARADHYA COLONY,
KHADRI CHOWK, ALAND ROAD,
KALABURAGI CITY
KALABURAGI-585102.
... RESPONDENTS
(BY SRI GURURAJ V. HASILKAR, HCGP FOR R1;
SRI MALLAYYA SWAMI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR AND
COMPLAINT AGAINST THE PETITIONERS IN CRIME
NO.163/2021 BY KALABURAGI CITY WOMEN POLICE
STATION, KALABURAGI IN FOR THE OFFENCES
PUNISHABLE U/SEC. 498(A), 323, 504, 506, 109 R/W 34
OF IPC, AND THE U/S 3 AND 4 OF DP ACT, 1961.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Though this matter is listed for admission, with the consent of learned counsel for parties, it is taken up for final disposal.
2. Petitioner Nos.1 to 4 and respondent No.2 are present. They have filed a joint application under Section 320 (2) of Cr.P.C.
3. The dispute is with regard to the non compatibility between petitioner No.1 - Venkatesh and respondent No.2 - Surekha. Since the parties could not see eye to eye and on account of the alleged harassment, respondent No.2 has filed a complaint before the Women police station, Kalaburagi for the offences punishable under Sections 498-A, 323, 504, 506, 109 read with Section 34 of IPC and under Section 3 and 4 of Dowry Prohibition Act, 1961.
4. The respondent No.2 has resolved to file a petition seeking grant of maintenance and a divorce 4 petition is also pending before the Family Court, Kalaburagi.
5. In the light of these aspects of the matter, the petitioners have amicably settled the dispute in agreeing to pay a sum of Rs.1,50,000/- as permanent alimony to respondent No.2 and put to an end to all the allegations pending between the parties.
6. In a matter of this nature, when the settlement is a true settlement, the higher Courts namely, the Supreme Court and the High Courts have got power under Section 482 of Cr.P.C. and under Article 142 of the Constitution of India beyond the scope of Section 320 of Cr.P.C. and put an end to the pending criminal litigations between the parties.
7. In this regard, this Court gainfully places its reliance on the judgment of the Hon'ble Apex Court in the case of Ramgopal vs. State of Madhya Pradesh, reported in 2021 Supreme Court Cases (OnLine) 834, 5 the relevant paragraph of the said judgment reads as under:
"20. Having appraised the afore-stated para-meters and weighing upon the peculiar facts and circumstances of the two appeals before us, we are inclined to invoke powers under Article 142 and quash the criminal proceedings and consequently set aside the conviction in both the appeals. We say so for the reasons that: Firstly, the occurrence(s) involved in these appeals can be categorized as purely personal or having overtones of criminal proceedings of private nature;
Secondly, the nature of injuries incurred, for which the Appellants have been convicted, do not appear to exhibit their mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest;
Thirdly, given the nature of the offence and injuries, it is immaterial that the trial against the Appellants had been concluded or their appeal(s) against conviction stand dismissed;
Fourthly, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute(s);6
Fifthly, the occurrence(s) in both the cases took place way back in the years 2000 and 1995, respectively. There is nothing on record to evince that either before or after the purported compromise, any untoward incident transpired between the parties;
Sixthly, since the Appellants and the complainant(s) are residents of the same village(s) and/or work in close vicinity, the quashing of criminal proceedings will advance peace, harmony, and fellowship amongst the parties who have decided to forget and forgive any ill-will and have no vengeance against each other; and Seventhly, the cause of administration of criminal justice system would remain un-effected on acceptance of the amicable settlement between the parties and/or resultant acquittal of the Appellants; more so looking at their present age."
8. Taking note of the above guidelines and contents of the joint application, this Court is satisfied that there is a true settlement between the parties. The contents of the joint application are read out to the parties and the parties submit that the contents depict the true terms of settlement. Accordingly, there is no impediment 7 for this Court to allow the joint application and quash the further proceedings. A sum of Rs.75,000/- is paid in cash to respondent No.2 by petitioner No.1 before this Court, which is acknowledged by respondent No.2 today. Balance sum of Rs.75,000/- is agreed to be paid before the Family Court. Accordingly, pass the following:
ORDER The petition is allowed. In view of the joint application filed, the pending proceedings in Crime No.163/2021 on the file of Women Police Station, Kalaburagi is hereby quashed.
In view of disposal of main petition, I.A.1/2021 does not survive for consideration and same is hereby disposed of.
Sd/-
JUDGE Srt