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Sri. Iresh Laxman Khavaspur vs State By Parappana Agrahara … on 21 April, 2017

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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,
2

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

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