Karnataka High Court
Bhanuprakash Srinivas vs State Of Karnataka on 6 June, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:19161
CRL.P No. 4223 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4223 OF 2023
BETWEEN:
BHANUPRAKASH SRINIVAS,
S/O S.H.SRINIVAS,
AGED ABOUT 40 YEARS,
R/AT NO.518/A, 11TH CROSS,
2ND STAGE, WEST OF CHORD ROAD,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086.
NOW AT:
APARTMENT NO.31, COULFIELD COURT,
GRIFFITH WOODS, DUBLIN-9,
IRLAND, EIR CODE - D09, A29R.
Digitally signed by REPRESENTED BY GPA HOLDER
PADMAVATHI B K
Location: HIGH
SRI. PRAVEEN S,
COURT OF S/O S.H.SRINIVAS,
KARNATAKA
AGED ABOUT 44 YEARS,
R/AT NO.518/A, 11TH CROSS,
2ND STAGE, WEST OF CHORD ROAD,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086.
...PETITIONER
(BY SRI. S.G.RAJENDRA REDDY, ADVOCATE)
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NC: 2023:KHC:19161
CRL.P No. 4223 of 2023
AND:
1. STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION,
BENGALURU CITY,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. DR. CHARULATHA K. M.,
W/O DR. NAGARAJ K.N,
AGED ABOUT 32 YEARS,
R/AT NO.342, FLAT NO.PH-1,
4TH FLOOR, ELEGANT ENCLAVE
APARTMENT, 5TH MAIN,
VIJAYA BANK LAYOUT, BILEKAHALLI,
BENGALURU - 560 076.
NOW AT :
12, ROYSON VILLAGE,
KIMMAGE ROAD WEST,
CRUMLIN, DBLIN 12, IRLAND.
REPRESENTED BY HER GPA HOLDER,
JAYASHREE, W/O NAGARAJ,
AGED ABOUT 64 YEARS,
R/AT NO.342, FLAT NO.PH-1,
4TH FLOOR, ELEGANT ENCLAVE
APARTMENT, 5TH MAIN,
VIJAYA BANK LAYOUT, BILEKAHALLI,
BENGALURU - 560 076.
...RESPONDENTS
(BY SMT. K.P.YASHODA, HCGP FOR R-1;
SRI. VIVEK HOLLA, ADVOCATE FOR R-2)
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NC: 2023:KHC:19161
CRL.P No. 4223 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLIANT IN
CR.NO.91/2022 OF MICO LAYOUT POLICE STATION
REGISTERED FOR THE OFFENCE P/U/S. 3 AND 4 OF DP ACT
AND U/S.498-A R/W SEC.34 OF IPC PENDING ON THE FILE OF
THE VI ADDITIONAL CMM COURT, NRUPATHUNGA ROAD,
BENGALURU CITY.
THIS CRIMINAL PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in Crime No.91/2022, pending before the VI Additional CMM Court, Nrupathunga Road, Bengaluru, for the offences under Sections 498A r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner is the husband.
2. Learned counsel for petitioner has filed an application -
I.A.No.1/2023 seeking leave of this Court for compounding of offences along with the affidavits of the general power of attorney holders of both the petitioner and respondent No.2.
3. Learned counsel for the petitioner and respondent No.2 in unison submit that the parties to the lis have settled their -4- NC: 2023:KHC:19161 CRL.P No. 4223 of 2023 dispute among themselves before the concerned Court and have obtained a decree of divorce by mutual consent in M.C.No.5226/2022. The conditions of the settlement also recognizes the present proceedings and the parties have fulfilled the conditions of settlement.
4. One such affidavits, filed by respondent No.2 -
complainant, reads as follows:
"5. I State the Petitioners have filed Criminal Petition U/Sec. 482 of Cr.P.C., seeking quashing of FIR and Complaint in Crime No.91/2022 of Mico Layout Police Station, Bengaluru. My daughter Dr.Charulatha K.N. W/o. Bhanuprakash (A1) filed complaint aginst her husband Bhanuprakash, Savithri mother-in-law and Praveen brother-in-law U/Sec.498A R/W. 34 IPC and Sec. 3 & 4 of D.P. Act. This Hon'ble Court in Crl.Ptn. No.6502/2022 was pleased to allowed the compounding of offences alleged in respect of Smt.Savithri (A2) and myself (A3) dated: 10.04.2023 and disposed of the above matter.
6. I state that with the intervention of well wishers and elders the Complainant and Accused No.1 have decided to dissolve the marriage by way of mutual consent and have filed mutual consent divorce petition in M.C.No.5226/2022 pending before II Addl. Family Court, Bengaluru. The complainant Respondent No.2 is withdrawing the above complaint as per the terms agreed in M.C.No.5226/2022. Respondent No.2 and Accused No.1 who are husband and wife respectively are living separately and decided to part away by obtaining divorce in M.C. -5- NC: 2023:KHC:19161 CRL.P No. 4223 of 2023 No.5226/2022 on the file of II Addl. Prl. Judge, Family Court, Bengaluru, subject to condition stipulated therein.
Where that this Hon'ble Court kindly pass necessary orders, compounding the offence and quashing the FIR and complaint in Crime No. 91/2022 of Mico Layout Police Station, registered for the offences punishable U/Sec.498A R/W.34 of IPC and Sec. 3 & 4 of D.P. Act, pending on the file of VI Addl. CMM Court, Nrupathunga Road, Bengaluru, in the interest of justice and equity."
Though the offences alleged against the petitioner in the case at hand inter alia is one punishable under Section 468A of the IPC, since it is a marital dispute between the husband and wife and now, they have arrived at settlement, I deem it appropriate to accept the affidavits of both the parties and terminate the proceedings against the petitioner, as the allegations are not against the State.
5. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petition and I.A.No.1/2023 are disposed.-6-
NC: 2023:KHC:19161 CRL.P No. 4223 of 2023
(ii) The Crime No.91/2022, pending before the VI Additional CMM Court, Nrupathunga Road, Bengaluru, stands quashed.
Sd/-
JUDGE NVJ List No.: 1 Sl No.: 140 CT:SSS