IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.8919/2018 BETWEEN:
SRI NANJESH S/O BOREGOWDA AGED ABOUT 38 YEARS R/AT NO.785, 4TH CROSS CHAMUNDESHWARINAGARA LAGGERE BENGALURU – 560054. … PETITIONER (BY SRI.NARASIMHA MURTHY G V, ADV.) AND:
1. SMT GEETHA W/O NANJESH AGED ABOUT 35 YEARS R/at No. 785, 4TH CROSS CHAMUNDESHWARINAGARA LAGGERE BENGALURU – 560054 2. STATE BY RAJAGOPALANAGAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT BENGALURU – 560 001. ... RESPONDENTS (BY SRI KRISHNA MURTHY H V, ADV. FOR R.1, SRI.R D RENUKARADHYA, HCGP FOR R.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.744/2017 WHICH IS PENDING BEFORE THE 7TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE TAKING COGNIZANCE UNDER SECTIOSN 307, 498A, 504 AND 506 OF IPC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned State counsel accepts notice for respondent No.2.
2. In the instant petition, petitioner has prayed for the following reliefs:
(a) this Hon’ble Court may be pleased to call for entire records in S.C.No.769/2019 (C.C.No.31206/2018) (Crime No.744/2017) which is pending before the Principal City Civil and Sessions Judge at Bangalore (CCH-72).
(b) Quash the entire proceedings in C.C.No.31206/2018 now in S.C.No.769/2019 in Crime No.744/2017 which is pending before the LXXIACC & SJ at Bangalore (CCH-72) taking congnizance under Sections 307, 498(A), 504 & 506 IPC in the interest of justice and equity.
3. Petitioner and respondent No.1 – complainant got married on 06.05.2002. On 17.07.2017, respondent No.1 filed a complaint against the petitioner relating to alleged demand of dowry and further allegations in the event of non-bringing of dowry, petitioner would give divorce to respondent No.1. Further, petitioner is alleged to have physically assaulted. In this backdrop, respondent No.1 has filed a complaint against the petitioner alleging offences under Sections 498A, 307, 504, 506 of IPC.
4. During the pendency of the criminal proceedings, parties have settled their score and are living together. In this backdrop, an affidavit has been filed along with the application to set-aside proceedings initiated by respondent No.1 against the petitioner while enclosing two documents. Counsel for parties have identified their respective parties. Even though, offences are heinous in nature, compromise among family members is permissible in view of the decisions of the Supreme Court in GIAN SINGH vs STATE OF PUBJAB & ANR. reported in AIR 2012 SC 303 read with THE STATE OF MADHYA PRADESH vs LAXMI NARAYAN AND OTHERS reported in 2019(5) SCC 688.
5. Accordingly, proceedings in S.C.No.769/2019 (C.C.No.31206/2018) Crime No.744/2017 pending on the file of LXXIACC at Bengaluru (CCH-72) is set-aside and petition stands allowed.
Sd/-
JUDGE Brn