Karnataka High Court
Dinesh Thapa vs State Of Karnataka on 9 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:37302
CRL.P No. 8202 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8202 OF 2024
BETWEEN:
DINESH THAPA,
S/O MOHAN THAPPA,
AGED 25 YEARS, NEAR MUTTYALAMMA TEMPLE,
SHETTIGERE VILLAGE, JALA HOBLI,
BENGALURU CITY - 562 157.
...PETITIONER
(BY SRI. B.M. KUSHALAPPA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHIKKAJALA POLICE STATION,
BENGALURU RURAL,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
Digitally signed HIGH COURT BUILDING,
by KAVYA G
DR. B.R. AMBEDKAR VEEDHI,
Location: High
Court of BENGALURU - 560 001.
Karnataka
2. MRS. HAREENA,
W/O DINESH THAPA,
AGED ABOUT 27 YEARS,
NEAR MUTTYALAMMA TEMPLE,
SHETTIGERE VILLAGE, JALA HOBLI,
BENGALURU CITY - 562 157.
...RESPONDENTS
(BY SMT. SOWMYA R, HCGP FOR R1;
SRI. HARSHA R.N, ADVOCATE FOR R2)
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NC: 2024:KHC:37302
CRL.P No. 8202 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDING IN SC.NO.15023/2023
(CR.NO.47/2022) AGAINST THE PETITIONER, FOR THE
OFFENSE P/U/S 307, 504, 506 OF IPC, PENDING ON THE FILE
OF THE V ADDITIONAL DISTRICT SESSIONS JUDGE
DEVANAHALLI, BANGALORE RURAL.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is the husband and the second respondent is the wife. The two had a squabble and a squabble led to registration of crime in Crime No.47/2022 for offences punishable under Sections 307, 504, 506 of Indian Penal Code, 1860 (for short IPC).
2. Heard the learned counsel Sri. B. M. Kushalappa appearing for the petitioner and learned HCGP Smt. Sowmya R. appearing for respondent No.1. and learned counsel Sri. Harsha R.N. appearing for respondent No.2.
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NC: 2024:KHC:37302 CRL.P No. 8202 of 2024
3. Learned counsel for the petitioner and learned counsel for respondent No.2 submit that during the pendency of the petition, the parties to the lis have resolved the dispute amongst themselves and have filed a joint affidavit through this petition seeking compounding of the offence.
4. The joint affidavit reads as under:
"JOINT AFFIDAVIT We, (1) Mr. Dinesh Thapa, S/o. Mohan Thapa, Aged 24 years and (2) Mrs. Hareena, W/o Dinesh Thapa, Aged about 27 years, both are residing at Near Muttyalamma Temple, Shettigere Village, Jala Hobli, Bengaluru City 562157, do hereby solemnly affirm & state on oath as follows -
1. We are the petitioner and respondent No.2 respectively in the above petition, we are well conversant with the facts of the case. Hence, we are swearing to this affidavit.
2. We submit that first deponent have filed the above petition for quashing the further proceedings in S.C. No.15023 of 2023, pending before V Additional District Sessions Judge Devanahalli, Bangalore Rural for the alleged offences punishable -4- NC: 2024:KHC:37302 CRL.P No. 8202 of 2024 under Section 307, 504, 506 of the Indian Penal Code 1860 against me.
3. We state that we have amicably settled the marital dispute between us and we have decided to live together and second deponent doest continue the criminal proceedings and wishes to withdraw the same against first deponent, hence the same needs to be quashed.
Wherefore, we humbly pray that this Hon'ble Court may kindly be pleased to consider the joint affidavit filed by us and be pleased to quash the criminal proceedings in S.C. No.15023 of 2023, pending before V Additional District Sessions Judge Devanahalli, Bangalore Rural for the alleged offences punishable under Section 307, 504, 506 of the Indian Penal Code 1860 against first deponent, in the interest of justice."
5. Though the offence is the one punishable under Section 307 of IPC, which cannot be quashed by way of acceptance of a settlement, since the issue is between the husband and wife and the complaint not meeting the ingredients of Section 307 of IPC, I deem it appropriate to accept the joint affidavit, compound the offences and give a quietus to the proceeding.
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NC: 2024:KHC:37302 CRL.P No. 8202 of 2024
6. For the aforesaid reasons the following:
ORDER
a) The criminal petition is disposed.
b) The impugned proceedings in
S.C.No.15023/2023 pending before the V
Additional District Sessions Judge, Devanahalli, Bengaluru Rural for the offences punishable under Sections 307, 504, 506 of Indian Penal Code, 1860 (for short IPC) is quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE BVK List No.: 1 Sl No.: 85 CT: BHK