Allowed

Sri Guruprasad v. Smt. Manju Bhargavi R

Karnataka HC9 Dec 2016CRL.P/5879/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka used its inherent powers under Section 482 CrPC to allow criminal petitions filed by a husband and parents against a spouse. Based on a mutual consent divorce settlement, the court quashed proceedings under Section 498-A IPC, Dowry Prohibition Act, and Section 138 NI Act.

What did the court decide?

The criminal proceedings in Crime No.79/2016 and C.C.No.14249/2016 stood quashed and the petitions were allowed.

Sri Guruprasad Vs Smt. Manju Bhargavi R — Domestic Violence | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF DECEMBER 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.5880 of 2016

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CONNECTED WITH

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CRIMINAL PETITION No.5879 of 2016

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IN CRL.P.No.5880/2016

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BETWEEN:

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Sri. Guruprasad, (@ Guruprasad Sreedhar), Age 37 years, Son of Sri. B. Sreedhar,

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Smt. S. Vijayalakshmi, Age: 59 years, Wife of Sri. Sreedhar,

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Sri. B. Sreedhara, Age: 63 years, Son of Sri. K. Bheemarao,

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Petitioners are residing at #378/2, Vidhyapeeta Main Road,

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10^th Main, Banashankari, Bangalore – 560 085. …PETITIONERS

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(By Shri Venkatesh S. Arabatti, Advocate)

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AND:

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The State of Karnataka, By the Station House Officer, C.K.Achakattu Police Station, (earlier T.R.Nagar Police Station), Bangalore.

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Smt. Manju Bhargavi, Age: 36 years, Wife of Sri. S. Guruprasad, Daughter of Sri. P.S.Ramamurthy, Residing at No.57/1, 4^th Cross, 3^rd Phase, 1^st Block, Banashankari 3^rd Stage, Bangalore – 560 085.

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…RESPONDENTS

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(By Shri Kanchanamala Desai, Advocate for Respondent No.2; Shri Chetan Desai, Government Pleader for Respondent No.1)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the complaint and the FIR in Crime No.79/2016 of Chennammanakere Achukattu Police Station (earlier Crime No.16/2016 of Thyagarajanagara Police Station) registered by respondent No.1 on the file of II Additional Chief Metropolitan Magistrate, Bangalore as per Annexures-A, B and C.

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IN CRL.P.No.5879/2016

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BETWEEN:

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Sri. Guruprasad, (@ Guruprasad Sreedhar), Age 37 years, Son of Sri. B. Sreedhar, residing at #378/2, Vidhyapeeta Main Road, 10^th Main, Banashankari, Bangalore – 560 085. …PETITIONER (By Shri Venkatesh S. Arabatti, Advocate)

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AND: Smt. Manju Bhargavi R, Age: 36 years, Wife of Sri. S. Guruprasad, Daughter of Sri. P.S.Ramamurthy, Residing at No.57/1, 4^th Cross, 3^rd Phase, 1^st Block, Banashankari 3^rd Stage, Bangalore – 560 085.

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…RESPONDENT

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(By Shri Kanchanamala Desai, Advocate for Respondent)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings and the complaint in C.C.No.14249/2016 on the file of XVI Additional Chief Metropolitan Magistrate, Bangalore, for alleged offence punishable under Section 138 of N.I.Act as per Annexure A and B.

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These Criminal Petitions coming on for Admission this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioners and the learned counsel for the respondent.

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These petitions are disposed of by this common order. The first of these petitions is filed by the husband and the parents of the complainant, challenging the proceedings initiated for an offence punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The second of these petitions is filed challenging the proceedings initiated for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. During the pendency of the proceedings, there was a matrimonial petition as well, whereby the complainant had sought divorce and in the course of those proceedings, the matter had been referred to mediation and a settlement has been arrived at, whereby it is agreed that a decree of divorce could be granted by mutual consent in the

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pending matrimonial proceedings. It is also agreed that the criminal cases that are instituted could be closed.

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In view of the present petitions pending, both the

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parties would submit that the petitions could be allowed and the pending criminal cases could be quashed, to enable the parties to amicably sort out their differences.

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Accordingly, the petitions are allowed. The proceedings pending in Crime No.79/2016 of Chennammanakere Achukattu Police Station (earlier Crime No.16/2016 of Thyagarajanagara Police Station) on the file of the II Additional Chief Metropolitan Magistrate, Bangalore and C.C.No.14249/2016 on the file of XVI Additional Chief Metropolitan Magistrate, Bangalore stand quashed.

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I.A.1/2016 in Crl.P.5880/2016 stands disposed of.

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Sd/-

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JUDGE

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Sri Guruprasad v. Smt. Manju Bhargavi R

Case brief

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Sri Guruprasad v. Smt. Manju Bhargavi R

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