Allowed

Sri. K. Mahesh v. State by Annapoorneshwari Nagar Police Station

Karnataka HC30 Nov 2021CRL.P/1478/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a criminal petition under Section 482 Cr.P.C., allowed the quashing of criminal proceedings instituted for offences under Section 498A IPC and the Dowry Prohibition Act. The Court held that with the parties entering into a settlement through mediation and obtaining a divorce decree, there was no impediment to quashing the case.

What did the court decide?

Proceedings in C.C.No.17195/2018 pending before the V Additional Chief Metropolitan Magistrate, Bengaluru are quashed.

Sri. K. Mahesh Vs State by Annapoorneshwari Nagar Police… — Dowry and Cruelty | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION NO.1478 OF 2021

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BETWEEN:

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Sri K.Mahesh, S/o Sri Krishnappa, Aged about 31 years, R/at No.46, 1^st Main, Marenahalli, Vijayanagara, Bengaluru-560040.

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Sri Krishnappa, S/o late Muniyappa, Aged about 61 years, R/at No.46, 1^st Main Road, Marenahalli, Vijayanagara, Bengaluru-560040.

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Smt. Nagaveni, W/o Sri Krishnappa, Aged about 49 years, R/at No.46, 1^st Main, Marenahalli, Vijayanagara, Bengaluru-560040.

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…Petitioners

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(By Sri R.Vijay Kumar, Advocate)

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AND:

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State by Annapoorneshwari, Nagar Police Station, Bengaluru, Represented by State Public Prosecutor, High Court Building, Bengaluru-560001.

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:: 2 ::

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Smt. Yakshata N., D/o Narendra Baby W/o Sri Mahesh K., Aged about 27 years, R/at F-2, Lake Lamp Apartment, No.10/11, 5^th Main, 6^th Cross, ITI Layout, Mallatahalli, Bengaluru-560056.

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…Respondents

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(By Sri B.J.Rohith, HCGP for R1; Sri R.Manjunath, Advocate for R2)

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This Criminal Petition is filed under Section 482 of Cr.P.C., praying to call for the records from C.C.No.17195/2018 (arising out of Crime No.53/2018) on the file of V Additional Chief Metropolitan Magistrate Bengaluru and quash the entire proceedings therein for the offence punishable under Section 498A, 34 of IPC and Section 3, 4 of D.P.Act and consequently dismiss C.C.No.17195/2018.

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This Criminal Petition coming on for admission this day, the Court made the following:

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ORDER

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This is a petition under Section 482 of Cr.P.C., for quashing the proceedings in C.C.No.17195/2018 on the file of the V Additional

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Chief Metropolitan Magistrate, Bengaluru. The petitioners are facing trial in relation to offences

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punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

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The marriage between the first petitioner and the second respondent was solemnized on 29.10.2017 at Bengaluru. Thereafter, on account of differences between the husband and wife, the second respondent left the matrimonial home on 07.01.2018 and since then, there has been no cohabitation between the husband and wife.

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The second respondent lodged an FIR in Crime No.53/2018 before Annapoorneshwari Nagar Police Station. After investigation, charge sheet

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was filed and the same was numbered as C.C.No.17195/2018. The second respondent also initiated a proceeding for divorce by filing M.C.No.2500/2019 in the Court of the VI

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Additional Family Judge, Bengaluru.

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In M.C.No.2500/2019, the matter was

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referred to Mediation and the parties were able to

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arrive at a settlement. Today, a joint affidavit has been filed by the petitioners and the second respondent stating that pursuant to settlement at the Mediation Centre, the second respondent is agreeable for quashing the proceedings against the petitioners in C.C.No.17195/2018.

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All the petitioners are present before the Court with their Advocate. The second respondent is also present along with her Advocate. The second respondent submits that she has no objection for quashing the proceedings.

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Having regard to the fact that the FIR was registered in the background of the matrimonial dispute and now a decree of divorce has been granted on the basis of the settlement, there is no impediment for quashing the criminal proceedings against the petitioners. Hence the following:

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ORDER

Petition is allowed.

Proceedings against the petitioners in C.C.No.17195/2018 pending on the file of the V Additional Chief Metropolitan Magistrate, Bengaluru are quashed.

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Sd/JUDGE

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Kmv/-

Sri. K. Mahesh v. State by Annapoorneshwari Nagar Police Station

Case brief

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Sri. K. Mahesh v. State by Annapoorneshwari Nagar Police Station

Case brief

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