Allowed

Sri Suresh v. the State of Karnataka

Karnataka HC12 Jun 2012CRL.P/205/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings maintained against petitioners for offences under Section 498A IPC and the Dowry Prohibition Act. The court observed that the dispute was settled and the parties agreed to cohabit peacefully.

What did the court decide?

Criminal proceedings in C.C. No. 5907/2009 were quashed upon undertaking by the first petitioner to take his wife and daughter to his house and live peacefully.

Sri Suresh Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2012)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

¶3

DATED THIS THE 12TH DAY OF JUNE 2012

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE SUBHASH B ADI

¶6

CRL.P No.205/2012

¶7

BETWEEN :

¶8

SRI SURESH S/O NARAYANAPPA AGED ABOUT 40 YEARS

¶9

SRI NARAYAPPA S/O LATE MUNISWAMAPPA AGED ABOUT 66 YEARS

¶10

SMT KEMPAMMA W/O NARAYANAPPA AGED ABOUT 60 YEARS

¶11

ALL ARE RESIDING AT NO.309, 2ND MAIN, NARASIPRUA LAYOUT, VIDYARANYAPURA, BANGALORE.

¶12

...PETITIONERS

¶13

(BY B.N.SURESH, ADV., )

¶14

AND :

¶15

THE STATE OF KARNATAKA BY VIDYARANAYAPURA POLICE STATION BANGALORE, REPRESENTED BY ITS PUBLIC PROSECUTOR

¶16

¶17

SRI POTAPPA S/O LATE MUNIYAPPA BIDARAHALI HOBLI BANGALORE EAST TALUK BANGALORE RURAL DISTRICT

¶18

...RESPONDENTS

¶19

(BY SRI VIJAYA MAJAGE, HCGP FOR R1 SRI G.R.ANANTHASWAMY, ADV., FOR R2)

¶20

THIS CRL.P. IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDIGNS IN C.C.NO.5907/2009, COMPOUNDING THE OFFENCES INITIATED BY THE DAUGHTER OF RESPONDENT NO.2 WHICH IS PENDING ON THE FILE OF THE IV ADDL.C.M.M., BANGLAORE AND ETC.,

¶21

THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

ORDER

¶23

Petitioner has sought for quashing the proceedings in C.C.NO.5907/2009 pending on the file of IV Additional Chief Metropolitan Magistrate, Bangalore.

¶24

The case was registered against the petitioner for the offence punishable under section 498(A) of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. The police on investigation has filed a charge sheet against the petitioner.

¶25

¶26

Learned counsel for respondent No.2/complainant submits that the complainant has filed an affidavit interalia stating that with the intervention of well—wishers, elders, relatives and friends, herself and petitioner No.1, who is the husband of the complainant have resolved their disputes and they are willing to reside together in the address mentioned in the affidavit and that she does not want to proceed with the matter.

¶27

Parties are before Court. Smt Kamala and Sri Potappa, who is the father of the wife of the 1^st petitioner is before Court. Petitioner No.1-husband of the complainant, who is before Court submits that he is taking his wife to his house along with his daughter. The complainant-father of Smt Kamala, submits that the husband and wife will leave together and that he does not want to proceed with the matter anymore.

¶28

¶29

Learned counsel appearing for both the

¶30

parties submit that the matter is settled. Their submission is placed on record and also the 1^st petitioner undertakes to file an affidavit to the effect that he is taking his wife and daughter to his house and leave peacefully without giving any room for quarrel or differences. Placing the said submission on record, one week time is granted to file an affidavit.

¶31

Accordingly, petition is allowed. Proceedings in C.C.No.5907/2009 stands quashed.

¶32

Sd/JUDGE

¶33

Sri Suresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Suresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri v Bhaskar Vs Sri Abdul Rehman

Smt Sumarani W/O Sri C Vishwanatha Nair Vs the State of Karnataka

Sri Mallikarjunaiah R S/O Late Rudrappa Vs State by Seshadripuram Police

Sri Satish Kothari Vs State of Karnataka by K R Police

Nandish Vs State of Karnataka

M/S.Bs Refined Metals & Alloys Private Ltd. Vs State of Karnataka