Xxxxx (Order Dated 02.08.2025) Vs State Ofkarnataka — Matrimonial and Divorce | Karnataka HC (2023)

Xxxxx (Order Dated 02.08.2025) Vs State Ofkarnataka — Matrimonial and Divorce | Karnataka HC (2023)

NC: 2023:KHC:28009 CRL.P No. 4309 of 2023 C/W CRL.P No. 2857 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF AUGUST, 2023

BEFORE

THE HON'BLE MR JUSTICE K.NATARAJAN

CRIMINAL PETITION NO. 4309 OF 2023

C/W

CRIMINAL PETITION NO. 2857 OF 2023

IN CRL.P NO. 4309 OF 2023

BETWEEN:

RADHA PANDEY, AGED ABOUT 29 YEARS, S/O SURESH KUMAR PANDEY, R/AT: WZ-316B, BACK SIDE GALI NO.8, SADH NAGAR PALAM COLONY, SOUTH WEST DELHI, DELHI - 110 045.

Digitally signed by C SOWMYA Location: High Court of Karnataka

SURESH KUMAR PANDEY, AGED ABOUT 51 YEARS, S/O LALTA PRASAD PANDEY, R/AT: WZ-316B, BACK SIDE GALI NO.8, SADH NAGAR PALAM COLONY, SOUTH WEST DELHI, DELHI - 110 045.

SHIV DEVI PANDEY, AGED ABOUT 50 YEARS, W/O S.K. PANDEY, R/AT: WZ-316B, BACK SIDE GALI NO.8, SADH NAGAR PALAM COLONY, SOUTH WEST DELHI, DELHI - 110 045.

…PETITIONERS

(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)

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AND:

STATE OF KARNATAKA, REPRESENTED BY STATION HOUSE OFFICER, BELLANDURU POLICE STATION, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001.

SMT. JAYA UPADHYAY, W/O NARAYAN KANT UPADHYAY, AGED ABOUT 58 YEARS, R/AT H.NO.56/4, 3RD MAIN, RELIABLE LAKEDEW RESIDENCY, HARALUR ROAD, BANGALORE - 560 102.

NARAYAN KANT UPADHYAY, S/O RAAMANAYAK UPADHYAY, AGED ABOUT 60 YEARS, R/AT H.NO.56/4, 3RD MAIN, RELIABLE LAKEDEW RESIDENCY, HARALUR ROAD, BANGALORE - 560 102.

…RESPONDENTS (BY SRI. P. THEJESH, HCGP FOR R1/STATE; SRI. RAJENDRA DESAI AND SMT. GEETA R. SHINDHE, ADVOCATES FOR R2 AND R3)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN PCR.NO.13979/2022 SUBSEQUENTLY THE FIR IN CR.NO.11/2023 REGISTERED BY THE BELLANDURU POLICE STATION FOR THE OFFENCE P/U/S 506, 504, 420, 403, 352 R/W 34 OF IPC ON THE FILE OF III ADDL.C.M.M., BENGALURU AND ETC.,

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IN CRL.P NO. 2857 OF 2023

BETWEEN:

MR. SANCHIT UPADHYAY, S/O NARAYAN KANT UPADHYAY, AGED ABOUT 32 YEARS, NO.56/4, 3RD MAIN, RELIABLE LAKEDEW RESIDENCY, NEAR NARAYANA SCHOOL, HARALUR, HSR LAYOUT, BANGALORE - 560 102.

MRS. JAYA UPADHYAY, W/O NARAYANA KANT UPADHAY, AGED ABOUT 60 YEARS, NO.56/4, 3RD MAIN, RELIABLE LAKEDEW RESIDENCY, NEAR NARAYANA SCHOOL, HARALUR, HSR LAYOUT, BANGALORE - 560 102.

MR. NARAYAN KANT UPADHYAY, S/O LATE. SRI. RAMANAYAK UPADHYAY, AGED ABOUT 65 YEARS, NO.56/4, 3RD MAIN, RELIABLE LAKEDEW RESIDENCY, NEAR NARAYANA SCHOOL, HARALUR, HSR LAYOUT, BANGALORE - 560 102.

…PETITIONERS (BY SRI. RAJENDRA DESAI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY BELLANDUR POLICE STATION, REPRESENTED BY GOVERNMENT ADVOCATE, HIGH COURT PREMISE, BENGALURU - 01.

SMT. RADHA PANDEY, W/O SANCHITH UPADHYAYA,

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AGED ABOUT 27 YEARS, R/AT: NO.692/95/84 A, SARVODAYA NAGAR, BHARADWAJPURAM, PRAYAGRAG, ALLAHABAD, UTTAR PRADESH - 211 006.

…RESPONDENTS

(BY SRI. P. THEJESH, HCGP FOR R1/STATE; SRI. NISHIT KUMAR SHETTY, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING PLEASED TO 1.QUASH THE COMPLAINT AND FIR REGISTERED IN BELLANDURU POLICE STATION UNDER CR.NO.73/2022 FOR OFFENCE P/U/S SEC.498-A AND 504 R/W SEC.34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT VIDE ANNEXURE-A AND B AND ETC.,

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

ORDER

In Crl.P.4309/2023

This criminal petition is filed by the

accused/petitioner Nos.1 to 3 under Section 482 of Cr.P.C. for quashing the FIR in Crime No.11/2023 registered by Bellanduru Police Station, pending on the file of III A.C.M.M., Bengaluru, on the private complaint registered by respondent Nos.2 and 3 in PCR No.13979/2022 for the offences punishable under Sections 506, 504, 403, 420,

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352 read with Section 34 of Indian Penal Code (for short

'IPC').

Heard Sri.Nishit Kumar Shetty, learned counsel for

the petitioners, Sri.Tejesh, learned HCGP appears for respondent No.1/State and Sri.Rajendra Desai and Smt.Geeta R.Shinde, learned counsel appears for

respondent Nos.2 and 3.

In Crl.P.2857/2023

This criminal petition is filed by the accused/petitioner Nos.1 to 3 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.4799/2023 arising out of Crime No.73/2022 registered by Bellanduru Police Station, pending on the file of 41^st Additional Chief Metropolitan Magistrate, Bengaluru and charge sheeted for the offences punishable under Sections 498A, 504, 323, 506 read with Section 34 of Indian Penal Code (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition (for short 'DP') Act.

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Heard Sri.Rajendra Desai, learned counsel for

the petitioners, Sri.Nishit Kumar, learned HCGP appears for respondent No.1/State and Sri.Nishit Kumar Shetty, learned counsel appears for respondent No.2.

Both cases are case and counter cases between

the same parties. During the pendency of these petitions, the parties in both cases have filed joint compromise applications under Section 482 read with Section 320(2) of Cr.P.C. seeking permission of this Court to compound the offence.

Learned counsel for both parties submit that the matter has been settled between the parties in the matrimonial case in M.C.No.1208/2022 before the Mediation Centre and the same was accepted by the Family Court.

Crl.P.2857/2023 filed by respondent No.2 against the husband and the in-laws, the family dispute which was settled amicably in the mediation Centre. Subsequently, in Crl.P.No.4309/2022, which was also filed

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by the husband side against the wife and the in-laws in respect of Crime No.11/2023 charge sheeted for the offences punishable under Sections 506, 504, 403, 420, 352 read with Section 34 of IPC.

Now, both parties are submitted that they have settled their issues. Therefore, seeking permission to compound the offence.

Considering the facts and circumstances of the cases and in view of the judgment passed by the Hon’ble Supreme Court in the case of Gian Singh Vs. State Of Punjab & Another reported in 2012 Cri.L.J. 4934 , wherein the parties have settled their issue in the matrimonial disputes and it is held that the Court can quash the criminal proceedings and the parties are permitted to compound the offence. Thus, I.As. in both cases are allowed .

Accordingly, both petitions are allowed .

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Consequently, the FIR in Crime No.11/2023 registered by Bellanduru Police Station, pending on the file of III A.C.M.M., Bengaluru, on the private complaint registered by respondent Nos.2 and 3 in PCR No.13979/2022 for the offences punishable under Sections 506, 504, 403, 420, 352 r/w Section 34 of IPC is quashed and criminal proceedings against the accused/petitioner Nos.1 to 3 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.4799/2023 arising out of Crime No.73/2022 registered by Bellanduru Police Station, pending on the file of 41^st Additional Chief Metropolitan Magistrate, Bengaluru and charge sheeted for the offences punishable under Sections 498A, 504, 323, 506 read with Section 34 of IPC and Sections 3 and 4 of DP Act is hereby quashed.

Sd/JUDGE

SMC List No.: 1 Sl No.: 54