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Judgments of Supreme Court of India and High Courts

Mrs. Sarika Shiven Nair vs The State Of Karnataka on 22 February, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 22ND DAY OF FEBRUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.6568/2017

BETWEEN

MRS. SARIKA SHIVEN NAIR,
D/O LATE MR. E. SIVEN, 30 YEARS,
R/A NO.211, MAHAVEER MARVEL,
KODICHIKKANAHALLI MAIN ROAD,
BTM 4TH STAGE,
BENGALURU- 560 076 … PETITIONER

(BY SRI. MADHU SUDHANA N., ADV. FOR
SMT. T. R. RAJESHWARI., ADV. )

AND

1. THE STATE OF KARNATAKA BY
K.R. PURAM POLICE STATION,
BENGALURU-560 036

2. MR. JINESH NAIR,
S/O LATE MR. GOPALAKRISHNAN NAIR. K,
AGED 33 YEARS, R/A NO. 152, ‘SHARANYA’,
SAKETHANAGAR, HOODI,
BENGALURU- 560 048.

3. MRS. REMA NAIR,
W/O LATE MR. GOPALAKRISHNAN NAIR. K,
R/A NO.152, ‘SHARANYA VILLA’,
SAKETHANAGAR, HOODI,
BENGALURU- 560 048 … RESPONDENTS

(BY SRI. S. RACHAIAH., HCGP FOR R1.
SMT. ANNAPURNA BEVINJE., ADV FOR R2. )
2

THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ANNEXURE-A FIR DATED
27.02.2015 AND ANNEXURE-D CHARGE SHEET DATED
15.04.2015.

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

ORDER

Learned High Court Government Pleader takes

notice for respondent No.1 – State.

2. Petitioner and respondent Nos.2 3 are present

before the court, and they have filed a Joint Memo

before this court, reporting compromise entered into

between themselves. Further, the petitioner has

submitted before this court that all further proceedings

in CC No.54211/2016 [arising out of FIR No.113/2015

dated 27.2.2015 of K.R. Puram Police Station] pending

on the file of the X Addl. CMM Court, Mayohall,

Bengaluru, may be quashed.

3. On perusal of the materials on record, there is

no dispute that, the petitioner and the second

respondent are the wife and husband respectively and
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their marriage had taken place long back in the year

2012. After the marriage, due to some family

differences, it appears, complaint came to be lodged by

the complainant wife against the husband and other

family members of her husband for the offences

punishable u/s.498A of IPC and Sections 3 and 4 of

Dowry Prohibition Act, which came to be registered in

CC No.54211/2016, after lodgement of the charge sheet

by the Police.

4. Now, the parties who are present before the

court submit that they have resolved their dispute

among themselves and there is no dispute pending

between them and as such, in order to facilitate them to

live happily in future, they sought for quashing of the

proceedings.

5. It is worth to refer here a decision rendered in

Gian Singh Vs. State of Punjab and Another

reported in (2012) 10 SCC 303 between, wherein the

Hon’ble Apex Court has held thus –

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“Power of High Court in quashing a
criminal proceeding or FIR or complaint in
exercise of its inherent jurisdiction is
distinct and different from power of a
criminal court of compounding offences
under S. 320 – Cases where power to
quash criminal proceedings may be
exercised where the parties have settled
their dispute, held, depends on facts and
circumstances of each case – Before
exercise of inherent quashment power
under S.482, High Court must have due
regard to nature and gravity of the crime
and its societal impact.”

6. On careful perusal of the guidelines, I am of the

opinion that, the factual matrix of this case falls within

the categories of the guidelines of the Hon’ble Apex

Court. Therefore, there is no legal impediment for this

court to quash the proceedings as prayed for. Hence, I

pass the following:

ORDER

The Petition is allowed. Joint Memo filed by the

complainant and the respondent Nos.2 3 is hereby

accepted. Consequently, all further proceedings in CC
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No.54211/2016 [Arising out of Crime No.113/2015 of

K.R. Puram Police Station] pending on the file of the X

Addl. CMM Court, Mayohall, Bengaluru, so far as the

respondent Nos.2 3 are concerned, is hereby

quashed.

Sd/-

JUDGE

PL*

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