This criminal petition sought quashing of proceedings under Sections 498A, 307, 323, 506 IPC and Dowry Prohibition Act. The Court found that the matrimonial dispute was settled via mediation, thereafter leading to cohabitation, and the parties jointly withdrew allegations.
Proceedings in Crime No.105/2019 pending before the 44th ACMM, Bengaluru are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P. No.1672 OF 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.1672 OF 2020
BETWEEN:
(BY SRI.K.B.K. SWAMY, ADVOCATE)
AND:
CRL.P. No.1672 OF 2020
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PRESENTLY RESIDING AT NO.11, UA STREET, KARAIKUDI TALUK NEAR PL.V.PL.ILLAM PALLATHUR, SIVAGANAGA DISTRICT TAMIL NADU-630107
ALSO RESIDING AT NO.20, JSP ELLAM PETHACHI CHETTAIR STREET KOTTAIYUR POST, SHIVAGANGA DISTRICT TAMIL NADU-630106 NO.16, 11TH BLOCK, TNHB THIRUMULLAIVAYAL, CHENNAI PIN-600062 ... RESPONDENTS
(BY SRI. VINAYAKA.V.S, HCGP FOR R1; SRI. DEVDAS, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.105/2019 REGISTERED BY PUTTENAHALLI P.S., BENGALURU FOR THE OFFENCE P/U/S 498A, 323, 307, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT NOW PENDING ON THE FILE OF THE HON’BLE 44TH A.C.M.M., AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
ORDER
registered by Puttenahalli Police Station for alleged offences punishable under Sections 498A, 323, 307, 506 read with 34 of IPC and Sections 3 and 4 of
CRL.P. No.1672 OF 2020
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Dowry Prohibition Act pending on the file of 44th Additional Chief Metropolitan Magistrate, Bengaluru.
CRL.P. No.1672 OF 2020
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Sri.Sriram, petitioner No.1 is also present through video conference and is identified by his lawyer Sri.K.B.K.Swamy. Both of them, on enquiry, submit that they have resolved their disputes and they have been living together from the month of June 2020 and it is on account of the same that a joint affidavit has been filed on 28.09.2020 stating that all the disputes between them have been settled and they have been living together happily pursuant to the successful mediation that has occurred. Petitioner No.1 and respondent No.2 have made specific statement that they withdraw all the allegations made in the complaint and other proceedings and respondent No.2 does not intend to continue with the prosecution of the above complaint.
CRL.P. No.1672 OF 2020
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opinion in the given facts that the continuation of the proceedings would only cause harm and injury between the relationship of petitioner No.1 and respondent No.2 and as such accepting the joint affidavit, the proceedings in Crime No.105/2019 pending on the file of 44th Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed.
Sd/JUDGE
Prs*
2 issues framed by the court
Whether criminal proceedings for matrimonial offence should be quashed upon settlement.
Whether continuance of prosecution would cause harm to the marital relationship.
3 provisions across 3 enactments
Sri. Sriram / Smt. Chittu
State of Karnataka / Smt. Umadevi
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
