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IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2017
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.3206 OF 2016
BETWEEN:
1. Sri. Iresh Laxman Khavaspur,
S/o. Laxman Khavaspur,
Aged about 30 years,
No.137, Reliable Woods Layout,
Haralur Road,
Bangalore City-560 102.
2. Sri. Laxman Khavaspur,
Aged about 63 years,
R/o. No. 692,
Sambra Mahadeva Nagar,
Belgaum District.
3. Sri. Ganesh Laxman Khavaspur,
Aged about 30 years,
No.137, Reliable Woods Layout,
Haralur Road,
Bangalore City-560 102.
4. Smt. Kusuma Khavaspur,
D/o. Laxman Khavaspur,
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Aged about 53 years,
R/at No. 692,
Sambra Mahadeva Nagar,
Belgaum District-590 001.
5. Smt. Rashmi Ganesh,
Aged about 30 years,
No. 137, Reliable Woods Layout,
Haralur Road,
Bangalore City-560 102.
6. Smt. Ambika,
W/o. Dayanand,
Aged about 34 years,
Airport and Renuka Nagar,
Renuka Park, Hubli District-580 020.
… Petitioners
(By Shri. Madhukar Nadig, Advocate)
AND:
1. State by Parappana Agrahara Police Station ,
Rep. by State Public Prosecutor,
High Court of Karnataka Building,
Bangalore-560 001.
2. Smt. Triveni Iresh Laxman Khavaspur,
W/o. Iresh Laxman Khavaspur,
Aged about 25 years,
R/at. SBI, H.S.R. Layout,
Bangalore-560 102.
And also at additional address:
C/O. G.G. Patil, Ibrahampura,
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Ganesh Nagar,
Vijayapura District-586 101.
… Respondents
(By Shri. Vijayakumar Majage, Additional SPP for
Respondent No.1,
Shri. S. B. Halli, Advocate for Respondent No.2)
This Criminal Petition is filed Under Section 482 of code
of Criminal Procedure, praying that this Hon’ble Court may be
pleased to Quash the Criminal Proceedings in
C.C.No.25177/2015 pending on the file of IX ACMM,
Bangalore for the Offence P/U/S 498A read with 34 Section 3
and 4 of D.P Act initiated against the Petitioners.
This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
The petitioners and the second respondent are present.
The first petitioner is said to be the husband of the second
respondent. Other petitioners are the relatives of the first
petitioner. It transpires that the first petitioner and the second
respondent were married in the year 2013 and it is alleged that a
large dowry was paid by way of cash and valuables. However,
the marriage had broken down and it had led to acrimony and
the second respondent had even filed a criminal case alleging
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offences punishable under Section 498-A read with Section 34
IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
When these proceedings were pending, it transpires that there
was also proceedings initiated under the Domestic Violence Act
which was referred to mediation and there was also a petition
for divorce filed by Respondent No.2 which was referred to
mediation. It transpires that there was an application seeking
that there be a divorce by mutual consent apart from other terms
of settlement between the parties including withdrawal of the
criminal case. However, since the offences alleged were non-
compoundable, the same could not be compounded and hence
the present petition.
2. In view of the settlement arrived at and the Petitioner
No.1 and Respondent No.2 having divorced and in order to give
a quietus to the several matters, keeping in line with the law
laid down by the Supreme Court in Gian Singh vs. State of
Punjab and Another ((2012) 10 SCC 303 the petition is
allowed. The proceedings pending in C.C.No.25177/2015
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before the IX Additional Chief Metropolitan Magistrate,
Bangalore, stands quashed in respect of all the petitioners.
I.A.1/2016 stands disposed of.
Sd/-
JUDGE
KS
