Karnataka High Court
Mr Roopesh Kumar Boyapati vs State Of Karnataka on 4 January, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9444/2021
BETWEEN
MR ROOPESH KUMAR BOYAPATI
S/O MR CHENNAIAH BOYAPATI
AGED ABOUT 35 YEARS
RESIDING AT 4129 NORRIS STREET
LAKE ELSINORE CA92530
ALSO AT
NO.4, 6TH MAIN
SHRI KANTESHVARANAGAR
BENGALURU - 560 096. ... PETITIONER
(BY SRI ANAND MUTTALLI, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP BY R T NAGAR POLICE STATION
BY THE HCGP
HIGH COURT OF KARNATAKA
BENGALURU.
2. MRS DIVYA KEERTHI
D/O. RAMESH
29 YEARS
NO.379 2ND FLOOR
1ST CROSS JUDGES COLONY
R T NAGAR
BENGALURU-560094.
... RESPONDENTS
(BY SMT MAHESH SHETTY, HCGP FOR R1
SMT. PARVATHY R. NAIR FOR R2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO (A)
QUASH THE CHARGE SHEET (ANNEXURE-A) FILED BY THE Ist
RESPONDENT AGAINST THE PETITIONER FOR THE OFFENCE
P/U/S.498-A,323,342,504,506 OF IPC 1860 AND (B). QUASH THE
ORDER OF TAKING COGNIZANCE AND THE ENTIRE PROCEEDING
IN C.C.NO.3338/2018 PENDING ON THE FILE OF THE HONBLE
56tH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU (ANNEXURES-B)AND ETC.,
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by petitioners-accused No.1 under Section 482 of the Code of Criminal Procedure, for quashing criminal proceedings in in C.C.No.3338/2018 pending on the file of Additional Chief Metropolitan Magistrate, Bengaluru which was registered by respondent No.1 police for the offence punishable under Sections 498-A, 323, 342, 504, 506 of IPC.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and respondent No.2.
3. The case of the prosecution is that on complaint of respondent No.2 case came to be registered by R.T.Nagar police station in Crime No.50/2017 for the above 3 said offences which was alleged that after marrying the defacto complainant, the petitioner started harassing her physically and mentally. Therefore the complaint came to be lodged and after the registering of the case charge sheet came to be filed. Now the petitioner and defacto complainant is before this court and filed an application under section 320 (2) read with Section 482 of Cr.P.C and stated that parties have arrived at settlement. It is also stated that the parties settled their dispute between them in the presence of Family Court Judge, Bengaluru. The parties have filed compromise application towards both the matrimonial cases and G&WC No.118/2017 and settled their dispute and now parties are before this Court. The petitioner is present through video conference and respondent No.2 defacto complainant also appeared before the Court and submits case is settled between the parties.
4. In view of the settlement arrived between the parties and judgment of the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and Another reported in 2012 CRI.L.J.4934 it has been held that in 4 cases where the parties have settled the dispute between them in respect of a matrimonial case, the Court can quash the proceedings.
Accordingly, this criminal petition is allowed. Criminal proceedings against this petitioner/accused No.1 in CC No.3338/2018 pending on the file of 56th Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 498-A, 323, 342, 504, 506 of IPC is hereby quashed.
In view of disposal of the main petition, pending I.A.No.1/2022 does not survive for consideration and the same is disposed of.
Sd/-
JUDGE AKV