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Allama Prabhu vs The State Of Karnataka on 26 February, 2014

Karnataka High Court Allama Prabhu vs The State Of Karnataka on 26 February, 2014Author: S.N.Satyanarayana

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26TH DAY OF FEBRUARY 2014 BEFORE

THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA CRL.P.No.4748/2013

BETWEEN:

ALLAMA PRABHU

S/O SRI H .B. GURUMURTHY

AGED ABOUT 36 YEARS,

SOFTWARE CONSULTANT,

R/o No.91, 10TH CROSS,

NGEF LAYOUT, 2ND STAGE,

NAGARABHAVI,

BANGALORE-72. … PETITIONER (BY SRI GURURAJ JOSHI, ADV.,)

AND

1. THE STATE OF KARNATAKA,

BY JNANABHARATI POLICE

STATION, BANGALORE

IN CRIME No.380/2010

OF JNANABHARATI P.S.,

BANGALORE.

2. SMT. M.P. DIVYA

W/O ALLAMA PRABHU,

D/O PRAKASH,

AGED ABOUT 29 YEARS,

R/o NO. 609, A-4 WING

NATIONAL GAMES VILLAGE

KORAMANGALA

BANGALORE-47 … RESPONDENTS (BY SRI B.J.ESHWARAPPA, HCGP FOR R1 SRI A.SAI PRAKASH, ADV., FOR R2) -2-

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRL.PROSECUTION AGAINST THE PETITIONER IN C.C.NO.9383/2011 PENDING ON THE FILE OF THE 9TH ACMM, BANGALORE BASED ON THE SETTLEMENT ARRIVED AT BETWEEN THE PETITIONER AND RESP. No.1 IN MATRIMONIAL CASE MC.NO.1626/2011, DT.12.6.2013.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Accused No.1 in C.C. No.9383/2011 pending on the file of IX Addl. Chief Metropolitan Magistrate, Bangalore, has come up in this petition seeking quashing of the aforesaid proceedings on the ground that the marriage between himself and 2nd respondent is dissolved by way of settlement arrived at between the parties in M.C. No.1626/2011, which was filed under Section 13(a) of the Hindu Marriage Act, before the learned IV Addl. Family Judge, Bangalore, was subsequently settled before Bangalore Mediation Centre. It is also stated that the decree of divorce was passed in the said proceedings on 12.06.2013. Hence, the present petition is filed seeking -3-

quashing of the present proceedings in view of the settlement arrived at between the parties.

2. Admittedly, the proceeding in C.C. No.9383/2011 is in respect of offences punishable under Sections 498A and 506 of the Indian Penal Code, which are non-compoundable offences. Though, normally non- compoundable offences with reference to dispute between the parties cannot be settled, in view of the judgment rendered by the Apex Court in the matter of GIAN SINGH Vs. STATE OF PUNJAB AND ANOTHER ((2012) 10 SCC 303), wherein the Apex Court, has held that where the dispute between the parties is not with reference to committing of heinous offences like rape, murder, dacoity etc., and if it is in the nature of offences relating to financial matters and matrimonial matters, though the same are not compoundable, it is well within the powers of the High Court to quash the proceedings under Section 482 of the Cr.P.C. In the instant case, in view of parties arriving at out of Court settlement between themselves -4-

with reference to the matrimonial disputes between them, this Court feel that this is a fit case for quashing of proceedings.

3. Accordingly, the affidavit submitted by both parties in reporting the settlement arrived at between the parties is taken on record, wherein it is stated that pursuant to the settlement arrived at between the parties, 1st accused – petitioner has tendered a sum of `.30,00,000/- to the 2nd respondent i.e,. `.15,00,000/- which was paid at the time of settlement being arrived at on 12.06.2013 and balance of `.15,00,000/- this day by way of Demand draft No.428620 drawn on Dena Bank, Nagarabhavi branch, Bangalore, in favour of 2nd respondent, which the 2nd respondent hereby accepts and acknowledges. It is clearly seen that the entire amount, which was agreed between the parties as compensation for the dissolution of marriage is paid to 2nd respondent. The affidavits filed by petitioner and 2nd respondent are accepted.

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Accordingly, petition is allowed. Proceedings initiated in C.C. No.9383/2011 pending on the file of IX Addl. Chief Metropolitan Magistrate, Bangalore, are hereby quashed.

Sd/-

JUDGE

sma

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