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2023 Supreme(Online)(Kar) 32376
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 3385 OF 2023 BETWEEN:
SRI. GOVINDA, S/O LATE. CHANDIRAN @ KASHA, AGED ABOUT 36 YEARS, NO. 336A, KHADAR SHARIFF GARRDEN HUTS, WILSON GARDEN, BENGALURU - 560 027.
…PETITIONER (BY SRI. MURALI. M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY WILSON GARDEN POLICE, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 56001.
2. SMT. INDIRA, W/O GOVINDA, Digitally signed by LAKSHMINARAYAN AGED BOUT 34 YEARS, N R/AT NO. 13, 2nd CROSS, Location: High Court of Karnataka ANNIPURA, SUDHAMANAGAR, BENGALURU - 560 027.
…RESPONDENTS (BY SRI. MAHESH SHETTY, HCGP FOR R1/STATE;
SRI. RAMAMURTHY N. FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.7234/2019, PENDING BEFORE HONBLE VI ACMM, AT BENGALURU WHICH IS REGISTERED ON THE BASIS OF COMPLIANT LODGED BY RESPONDENT NO.2 IN CR.NO.46/2018 OF WILSON GARDEN POLICE STATION, FOR THE OFFENCE P/U/S.307 R/W SEC.511 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 482 of Cr.P.C seeking the criminal proceedings in CC.No.7234/2019 arising out of Crime No.46/2018 registered by Wilson garden police and charge sheeted for the offence punishable under Section 307 Read with 511 of IPC.
2. During the pendency of the petition both petitioner and respondent No.2 appeared through their counsel and filed joint compromise application seeking permission of this Court to compound the offence. The learned counsel for the petitioner submits the FIR was registered only for 324, 498(A) of IPC, but subsequently in the charge sheet added 307 Read with 511 of IPC.
3. Learned counsel for the petitioner submits that there is no allegation against the petitioner for attempt to commit murder, except there is a family dispute between the parties. It is also submitted the petitioner and respondent No.2 living together and having three children aged about 18, 15 and
13 years.
4. Considering the facts of the case, where the petitioner is the husband and having three growing children. On the interest of children and wife i.e. respondent No.2, the offence under Section 307 read with 511 of IPC is not attracted but it attracts Section 324 of IPC which is reveled from the FIR and in the charge sheet filed by the Police. Therefore, there is no evidence to attract 307 of IPC against the petitioner. Hence, there is no hurdle for this Court to accept the compromise. Accordingly IA.No.1/2023 is allowed.
i) The Criminal petition is allowed.
ii) The criminal proceedings in CC.No.7234/2019 pending on the file of VI ACMM, Bengaluru in Crime No.46/2018 registered by Wilson garden Police is hereby quashed.
In view of disposal of criminal petition, I.A.No.1/2023 does not survive for consideration.
