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2024 Supreme(Online)(KAR) 23520

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 13664 OF 2023 BETWEEN:

BHASKAR BISWAS S/O LATE DURGADAS BISWAS AGED ABOUT 40 YEARS FLAT NO. A134, MAHAVEER CYLAX APPARTMENT, NYANAPPANAHALLI VILLAGE BENGURU – 560 076 PRESENTLY RESIDING AT F-703, SHRIRAM LUXOR CHIKKAGUBBI VILLAGE BESIDE UNITED INTERNATIONAL SCHOOL, HENNUR MAIN ROAD BENGALURU – 562 149.

…PETITIONER (BY SRI EKTA PRADHAN, ADV.)

AND:

1. STATE OF KARNATAKA Digitally signed REP BY HULIMAVU POLICE STATION by SOWMYA D REP BY THE STATE PUBLIC PROECUTOR Location: High HIGH COURT OF KARNATAKA Court of BENGALURU – 560 001.

Karnataka

2. MRS. APARAJITHA MEHRA D/O MR. AMAR NARAYAN MEHRA AGED ABOUT 40 YEARS RESIDENT OF B105, VELANI HEIGHTS SUN PHARMA ROAD, ATLADRA VADODARA – 390 012, GUJARAT.

…RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1;

R-2 PRESENT BEFORE THE COURT)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND THE FIR IN CR.NO.166/2021 REGISTERED BY RESPONDENT NO.2 AT ANNEXURE-B AND C RESPECTIVELY TO THE PETITION, ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 482 of Cr.P.C. for quashing of the proceedings in CC No.1145/2022 arising out of Crime No.166/2021 registered against the petitioner/accused, by Hulimavu Police Station, Bengaluru District, pending on the file of the V Additional Chief Metropolitan Magistrate, Bangalore, for the offence punishable under Section 498-A of IPC.

2. The identity of Respondent No.2 has been verified with her original Aadhar Card.

3. During the pendency of this petition, both petitioner and Respondent No.2 appeared before the Court with their counsels and filed an application in I.A.No.1/2024 under Section 320 read with Section 482 Cr.P.C, along with an affidavit duly signed by both the parties, seeking permission of this court to effect compromise and to quash the proceedings pending in CC No.1145/2022 before the Court of V Additional Chief Metropolitan Magistrate, Bengaluru, as they have jointly filed a petition for dissolution of marriage under Section 13-B of Hindu Marriage Act, 1955 in HMP No.1349/2023 on 06.11.2023 before the learned Principal Family Judge at Vadodara and they have also resolved the dispute between themselves and at present no dispute is existing between them. The said application is placed on record.

4. In view of the judgment of Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J. 4934, the application-IA No.1/2024 filed before this Court, is required to be considered and the criminal proceedings registered against the petitioner for the offence punishable under Section 498-A of IPC, which is presently pending in CC No.1145/2022 before the Court of V Additional Chief Metropolitan Magistrate, Bengaluru, are required to be quashed. Accordingly, I proceed to pass the following:

ORDER

i) The criminal petition is allowed.

ii) The proceedings in CC No.1145/2022 against the petitioner/accused pending before the Court of V Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.

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