Single judge of Karnataka High Court allowed criminal petition under Section 482 Cr.P.C. to quash Section 498A proceedings based on a recorded settlement and divorce decree in a matrimonial dispute, citing Gian Singh.
Petition allowed; application under Section 320(2) Cr.P.C allowed; proceedings in C.C.No.7004/2019 quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.1999 OF 2021
BETWEEN:
S/O KANNAN AGED ABOUT 58 YEARS RESIDING AT No.G-1 KUMARI BRINDAVAN APARTMENT JUNNASANDRA, SARJAPURA ROAD BENGALURU CITY – 562125
3. SMT. RAJALAKSHMI
W/O VIJAY KUMAR AGED ABOUT 53 YEARS RESIDING AT NO G-1 KUMARI BRINDAVAN APARTMENT JUNNASANDRA, SARJAPURA ROAD BENGALURU CITY – 562125
… PETITIONERS
(BY SRI MUNI REDDY M N ADVOCATE)
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AND:
… RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
SRI CHANDRASHEKARAIAH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER NOS.1, 2 AND 3 IN C.C.NO.7004/2019 AT ANNEXUE-C FOR THE ALLEGED OFFENCES P/U/S 498A R/W 34 OF IPC PENDING ON THE FILE OF THE XLI ACMM, BENGALURU AGAINST THE PETITIONERS/ ACCUSED Nos.1 TO 3 BY ALLOWIING THIS PETITION
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the entire proceedings initiated against the petitioners herein in C.C.No.7004/2019 for the alleged offences punishable under Section 498A read with Section 34 of IPC pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru against the petitioners by allowing this petition and pass such other relief/s as deemed fit under the facts and circumstances of the case.
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it is not affecting the society at large and inter se between the parties. Hence, it is a fit case to invoke Section 482 of Cr.P.C, to quash the proceedings initiated against the petitioners herein.
following:
ORDER
Sd/JUDGE
cp*
2 issues framed by the court
Whether the proceedings under Section 498A IPC against the petitioners in a matrimonial dispute can be quashed pursuant to a settlement reached between the parties.
Whether the settlement and recording in Family Court proceedings permits the invocation of Section 482 Cr.P.C. to quash criminal charges.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶31
GIAN SINGH v. STATE OF PUNJAB (2012) 10 SCC 303 · Who else cites this
4 provisions across 3 enactments
Manoj Kumar
Vijay Kumar
Rajalakshmi
State of Karnataka
Laxmi Kumari
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
