Allowed

Smt Dr Vijayalakshmi P v. State of Karnataka

Karnataka HC9 Dec 2016CRL.P/9125/2016

Case brief

AI extract

What is this about?

The High Court quashed the FIR, charge sheet, and pending proceedings in S.C. No. 502/2016 filed against the petitioners under sections 498A IPC and sections 3, 4 of DP Act, relying on Gian Singh and Narinder Singh, due to reconciliation between the parties.

What did the court decide?

The pending criminal proceedings (SC 502/2016) before the XLV Additional City Civil and Sessions Judge, Bangalore are summarily quashed.

Smt Dr Vijayalakshmi P Vs State of Karnataka — Dowry and Cruelty | 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.9125 OF 2016

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BETWEEN:

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Smt. Dr. Vijayalakshmi P., Wife of Sri. Harish, Aged 29 years, Resident of No.273, MIE Layout, 6^th Cross, Bagalagunte, Bengaluru – 560 073.

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Sri. Harish H., Son of Sri. Hanumantharayappa, Aged 30 years, Resident of No.493, MIE Layout, 6^th Cross, Bagalagunte, Bengaluru – 560 073.

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Petitioner Nos. 1 and 2 are Now residing at Flat No.302, 3^rd Floor, KJMR Residency, Pipeline Road, Yeshwanthpur, Bengaluru – 560 022.

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Sri. Hanumantharayappa, Son of Late Narasahanumayya, Aged 55 years,

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Smt. Mallakka @ Mala, Wife of Sri. Hanumantharayappa, Aged 50 years,

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Petitioner Nos. 3 and 4 are Residing at No.493, MIE Layout, 6^th Cross, Bagalagunte, Bengaluru – 560 073.

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…PETITIONERS

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(By Shri Seshachala M.V., Senior Advocate for Shri Anand B. Muddappa, Advocate)

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AND:

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State of Karnataka, Represented by Peenya Police Station, Bengaluru. Represented by Public Prosecutor, High Court Building, High Court of Karnataka, Bengaluru – 560 001.

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…RESPONDENT

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(By Shri Chetan Desai, Government Pleader)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the complaint dated

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9.8.2015 FIR dated 9.8.2015 in Crime No.737/2015 and also the subsequent charge sheet dated 9.12.2015 filed by the Peenya Police Station , for the offence punishable under Sections 498(A), 323, 324, 307 read with 34 of IPC and Sections 3 and 4 of D.P.Act in S.C.No.502/2016 pending before the XLV Additional City Civil and Sessions Judge, Bangalore.

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This Criminal Petition coming on for Orders this day, the court made the following:

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O R D E R

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The present petition is filed by the complainant as

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well as the accused. The complainant is the wife of petitioner

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no.2. There was a criminal case instituted by the complainant

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alleging offences punishable under Sections 323, 498A, 324, 307 read with section 34 of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘IPC’, for brevity).

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Petitioner No.1 and Petitioner No.2 are now reunited

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and are living together and seek that the pending criminal proceedings may be quashed in view of the fact that the offences alleged are non-compoundable and it is not permissible for the parties to compound the same before the court below.

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Accordingly, in view of the law laid down by the apex court in Gian Singh vs. State of Punjab, (2012)10 SCC 303, followed Narinder Singh vs. State of Punjab, (2014)6 SCC 466 , the petition is summarily allowed. The proceedings pending in SC 502/2016 before the XLV Additional City Civil and Sessions Judge, Bangalore stands quashed.

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Sd/- JUDGE

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Smt Dr Vijayalakshmi P v. State of Karnataka

Case brief

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Smt Dr Vijayalakshmi P v. State of Karnataka

Case brief

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