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M S Prakash vs C S Nandini on 28 February, 2014

Karnataka High Court M S Prakash vs C S Nandini on 28 February, 2014Author: S.N.Satyanarayana

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 28TH DAY OF FEBRUARY 2014

BEFORE

THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA

CRIMINAL PETITION NO.2495/2012 C/W CRIMINAL PETITION NO.1206/2014

BETWEEN

1. M.S.PRAKASH,

S/O LATE SIDE GOWDA,

AGED ABOUT 48 YEARS,

MARAGOWDAANAHALLI,

R/AT KRRAGODU HOBLI,

MANDYA TALUK,

MANDYA DISTRICT.

2. H.B. MAHESH

S/O LATE BOREGOWDA,

AGED ABOUT 30 YEARS,

R/AT HULKERE VILLAGE,

KOTHATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT.

3. H.B. YASHODHA

W/O M.S. PRAKASH

AGED ABOUT 33 YEARS

MARAGOWDAANAHALLI,

R/AT KRRAGODU HOBLI,

MANDYA TALUK,

MANDYA DISTRICT.

4. JAYAMALA

W/O KRISHANA

AGED ABOUT 28 YEARS,

R/AT HOLALU VILLAGE,

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DUDDA HOBLI,

MANDYA TALUK,

MANDYA DISTRICT.

5. METHREGOWDA

S/O LATE BEOREGJOWDA

AGED ABOUT 52 YEARS,

R/AT CHIKKAMANDYA,

KASABA HOBLI,

MANDYA DISTRICT. … PETITIONERS IN CRL.P.NO.2495/2012

(BY SRI C.N. RAJU, ADV.,)

BETWEEN:

1. H.P. PUTTASHENKARA,

S/O LATE BOREGOWDA,

AGED ABOUT 37 YEARS,

RESIDING AT HULKERE VILLAGE, KOTHATHI HOBLI,

MANDYA TALUK,

MANDYA DISTRICT – 571 401.

2. BORAMMA

W/O LATE BOREGOWDA,

AGED ABOUT 55 YEARS,

RESIDING AT

MARAGOWDAANAHALLI,

KRRAGODU HOBLI,

MANDYA TALUK,

MANDYA DISTRICT -571 401. … PETITIONERS IN CRL.P. NO.1206/2014

(BY SRI C.N.RAJU, ADV.,)

AND

1. C.S. NANDINI

D/O SOMASHEKARA

AGED ABOUT 25 YEARS

R/AT CHIKKAKOPALU VILLAGE,

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DUDDAHOBLI,

MANDYA TALUK,

MANDYA DISTRICT – 573 118

2. STATE BY MANDYA RURAL POLICE REPRESENTED BY SPP,

HIGH COURT OF KARNATAKA,

BANGALORE – 560 001. … COMMON RESPONDENTS

(BY SRI B.J.ESHWARAPPA, HCGP FOR R2 SRI B.VIJAY SHETTY, ADV., FOR R1)

CRL.P NO.2495/2012 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETITIONERS NO.1 TO 5 PENDING ON THE FILE OF THE JMFC, MANDYA IN CRIME NO.152/2012 OF MANDYA RURAL POLICE STATION, MANDYA.

CRL.P NO.1206/2014 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETRS. NO.1 AND 2 PENDING ON THE FILE OF J.M.F.C., MANDYA IN CR. NO.152/2012 OF MANDYA RURAL POLICE BY ALLOWING THIS PETITION.

THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

These two criminal petitions are filed by accused 1 to 7

in Crime No.152/2012 of Mandya Rural Police registered for

offences punishable under Sections 498A, 504, 506, 323 of IPC

and 3 and 4 of Dowry Prohibition Act, 1961. -4-

2. Admittedly, first petitioner in Criminal Petition

No.1206/2014 is the husband, second petitioner is the mother

of husband and petitioners 1 to 5 in Crl.P.2495/2012 are

brother-in-law, brother, sisters and another brother-in-law.

These two petitions are filed seeking quashing of complaint

pending investigation in Crime No.152/2012. It is also stated

that during the pendency of these proceedings, wife-first

respondent in these proceedings had filed an application in

P.Misc.3/2012 seeking maintenance against her husband.

When said matter was pending consideration on the file of Civil

Judge (Jr.Dn) & JMFC, Mandya, it is stated that settlement is

arrived at between the parties, wherein husband has agreed to

pay a sum of Rs.2,50,000/- to his wife-first respondent herein

towards full and final settlement of her past, present and

future maintenance, which it is stated is accepted by the wife.

Pursuant to that it is stated that entire amount is paid to wife

and marriage between the parties is dissolved in

MC.No.38/2013. It is also stated that while settlement being

discussed, it is agreed between the parties that first

respondent-wife shall cooperate with petitioners in withdrawing -5-

the criminal complaint that she has lodged against the

petitioners for the offences punishable under Sections 498-A

504, 506 and 323 IPC and 3 and 4 of Dowry Prohibition Act,

1961. Accordingly, joint memo is filed in both the criminal

petitions this day by the parties to the present proceeding to

quash the proceeding pending consideration in Crime

No.152/2012 within the jurisdiction of JMFC, Mandya.

3. Admittedly, offences alleged against petitioners herein

are non compoundable offences. Normally, with reference to

such offences, compromise is not permissible. However, in the

light of judgment rendered in Gian Singh -vs- State of Punjab

and Another, reported in (2012) 10 SCC 303, wherein it is held

by the Apex Court that settlement between the parties with

reference to criminal act referable to robbery, dacoity, rape,

murder, etc., cannot be compounded. However, if the dispute

between the parties is in the nature of matrimony and financial

dispute, the High Court in exercise of its inherent power under

Section 482 of Cr.P.C., can quash the said proceedings in the

light of settlement arrived at between the parties. -6-

4. Therefore, in the light of ratio laid down by the Apex

Court in Gian Singh’s case, referred supra, the settlement

arrived at between the parties is accepted, consequently,

complaint pending in Crime No.152/2012 registered by

Mandya Rural Police within the jurisdiction of Court of JMFC,

Mandya, is quashed.

Accordingly, this criminal petition is disposed of.

Sd/-

JUDGE

nd/-

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