Allowed

Mr Shikhar v. the State of Karnataka

Karnataka HC9 Oct 2020CRL.P/4349/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings under IPC Sections 498A, 504, 506 and Dowry Prohibition Act upon a settlement where the petitioners agreed to pay permanent alimony. The parties confirmed payment of two installments via video conference, resolving their differences.

What did the court decide?

Proceedings in Crime No.14/2018 pending before 6th Additional Chief Metropolitan Magistrate, Bengaluru are quashed.

Mr Shikhar Vs the State of Karnataka — Labour and Industrial Disputes | Karnataka HC (2020)

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CRL.P. No.4349 OF 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.4349 OF 2020

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BETWEEN:

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MR. SHIKHAR SHRIVASTAVA S/O RAM KUMAR SHRIVASTAVA AGED ABOUT 30 YEARS

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MR. RAM KUMAR SHRIVASTAVA S/O BRIJ KISHORE SHRIVASTAVA AGED ABOUT 63 YERAS

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MR. ANUPRIYA SHRIVASATAVA W/O MR. RAM KUMAR SHRIVASTAVA AGED ABOUT 58 YEARS

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ALL THE PETITIONERS ARE PRESENTLY R/AT NO.3/1 ANNAIAH REDDY LAYOUT DODDAKANNALLI SARJAPUR, BENGALURU-560035

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PERMANENTLY RESIDING AT B-13, ALAKNANDA C.H.S PLOT NO.24B. NEAR P.K.C. HOSPITAL SECTOR-14, VASHI

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NAVI MUMBAI-400703. ... PETITIONERS

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(BY SRI.GAURAV.G.K., ADVOCATE FOR SMT. ANUSHA NANDISH, ADVCOATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE POLICE STATION

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CRL.P. No.4349 OF 2020

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DAVENGERE-577534 REPRESENTED BY THE LEARNED SPP-560001

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MRS. POOJA SRIVASTAV W/O MR. SHIKHAR SRIVASTAV AGED ABOUT 32 YEARS D/O MR. SURENDRA KUMAR SRIVASTAVA CURRENTLY R/AT NO.C-803, CONCORDE MANHATTANS OPPOSITE WIPRO GATE-16 ELECTRONIC CITY BENGALURU-560100 PERMANENTLY R/AT # 3/2, AKASH BUILDERS LAHARTARA, VARANASI UTTAR PRADESH-221106 ... RESPONDENTS

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(BY SRI. S.V. SHASTRI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, PRAYING TO QUASH THE PROCEEDINGS PURSUANT TO FIR IN CR.NO.14/2018 OF BELLANDUR P.S. BENGALURU FOR THE OFFENCE P/U/S 498A, 504, 506 OF IPC AND SECTION 3,4 OF D.P. ACT CULMINATING IN C.C.NO.15981/2018 ON THE FILE OF THE I/C XLI A.C.M.M.,AT BENGALURU AND CONSEQUENTLY GRANT SUCH OTHER RELIEF OR RELIEFS.

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

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ORDER

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The above proceedings arises out of Crime

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No.14/2018 filed by the 2^nd respondent before the

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Bellanduru Police Station against the petitioners

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CRL.P. No.4349 OF 2020

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herein for alleged offences punishable under Sections 498A, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act.

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During the pendency of the above proceedings, the parties have resolved their differences. Separate affidavits have been filed by petitioner Nos.1, 2 and 3 as also by respondent No.2-complainant. The copies of aadhar cards of the respective defendants – petitioners and respondent No.2 are also enclosed along with affidavits. The parties have appeared before this Court through video conference, they have been identified by their respective advocates.

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Though separate affidavits have been filed, the contents of the affidavits are one and the same. In that, the parties submit that the disputes have been resolved and the petitioners have agreed to make payment of Rs.9,00,000/- as permanent alimony to respondent No.2 which is payable in three installments of which the first installment of

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CRL.P. No.4349 OF 2020

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Rs.3,00,000/- is confirmed to have been received by respondent No.2 and the second installment of Rs.3,00,000/- is handed over by the petitioners to respondent No.2 today during the course of video conference. The third and balance installment of Rs.3,00,000/is to be handed over on the culmination of the proceedings in M.C.No.2528/2020 which has been filed by the petitioners seeking for divorce by mutual consent which is now listed on 16.10.2020.

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On enquiry, respondent No.2 confirmed the terms of the settlement as also the receipt for the monies and she submits that she has no further claim apart from what is stated hereinabove nor does she have any grievance against the petitioners. The petitioners have also confirmed that there is no claim as against respondent No.2.

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In view of above statements made by the parties in the presence of their counsel, I am of the considered

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CRL.P. No.4349 OF 2020

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view that the continuation of the criminal proceedings would cause harm, injury and injustice to the parties and as such, taking the affidavits on record, the proceedings in Crime No.14/2018 registered by Bellandur Police Station now pending on the file of 6^th Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.15981/2018 is hereby quashed.

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6. Petition is allowed.

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Sd/JUDGE

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Prs*

Mr Shikhar v. the State of Karnataka

Case brief

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Mr Shikhar v. the State of Karnataka

Case brief

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