This batch criminal petition under Section 482 CrPC sought quashing of proceedings for Sections 498A and 324 IPC. The court allowed the application upon filing of a joint compromise and permitted compounding of the offences.
Proceedings in C.C.22519/2021 against petitioners Nos. 1 to 4 were quashed; parties permitted to compound offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 547 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 547 OF 2023
BETWEEN:
Digitally signed by SANJEEVINI JAIWANTH KARISHETTY Location: HIGH COURT OF KARNATAKA
CRL.P No. 547 of 2023
YESHWANTHAPURA BENGLAURU - 560 022.
…PETITIONERS
(BY SRI. T C PRABHAKARA, ADVOCATE)
AND:
PRESENTLY RESIDING WITH HER HUSBAND PETITIONER NO.1, NO.28, 2ND 'B' MAIN ROAD,
CRL.P No. 547 of 2023
3RD PHASE, GOKULA IST STAGE, YESHWANTHAPURA, BENGALURU - 560 022, TUMAKURU - 572 104.
…RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R-1; SRI. B NAGESH, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.22519/2021 (ARISING OUT OF CR.NO.164/2021) OF YESHWANTHPURA POLICE STATION FOR AN ALLEGED OFFENCES U/S 498A, 324, 506 R/W 34 OF IPC PENDING ON THE FILE OF XXIV ADDL.C.M.M., BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader takes notice
for respondent No.1-State.
Sri. B. Nagesh, learned counsel undertake to appear for respondent No.2.
In view of dismissal of Crl.P.12542/2022, this petition is maintainable.
CRL.P No. 547 of 2023
This petition is filed by petitioners/accused Nos.1 to 4 under Section 482 of the Cr.P.C for quashing the criminal proceedings in C.C.22519/2021 arising out of crime No.164/2021 registered by Yeshwanthapura police and charge-sheeted for the offence punishable under Sections 498A, 324, 506 read with Section 34 of I.P.C pending on the file of XXIV Additional Chief Metropolitan Magistrate at Bengaluru.
During the pendency of the petition, both petitioner and respondent No.2 appeared through their counsels and filed a joint compromise application along with affidavits under Section 320 read with Section 482 of I.P.C for seeking permission to compound the offence. It is submitted that both petitioner and respondent No.2 living together as husband and wife and leading a happy marital life. Such being the case, I.A.No.2/2023 is allowed. Parties are permitted to compound the offences.
Consequently, this criminal petition is allowed. The criminal proceedings against petitioner Nos.1 to 4 in
CRL.P No. 547 of 2023
C.C.22519/2021 arising out of crime No.164/2021 registered by Yeshwanthapura police pending on the file of XXIV Additional Chief Metropolitan Magistrate at Bengaluru is hereby quashed.
Sd/JUDGE
HDK List No.: 1 Sl No.: 9 CT: BHK
2 issues framed by the court
Whether criminal proceedings initiated against the petitioners under Section 498A IPC are maintainable given the filing of a joint compromise application.
Whether offences u/s 498A IPC are compounding offences permitting settlement between the parties under Section 320 IPC.
3 provisions across 2 enactments
Santhosh Kumar G
Thimmamma
Manjula
Ramu
State of Karnataka
Smt. Sheetal Singh V
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
