Quashed

Mehul Kiran Shah @ Mehul K Shah v. State of Karnataka

Karnataka HC6 Sept 2021CRL.P/343/2021

Case brief

AI extract

What is this about?

This Criminal Petition sought quashing of proceedings under Section 482 Cr.P.C. for offences under Section 498A IPC and the Dowry Prohibition Act. The Court allowed the petition, quashing proceedings in view of a settlement Memorandum of Understanding and a decree of divorce by mutual consent between the parties.

What did the court decide?

The criminal proceedings in CC No.12394/2019 punishable under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act are quashed.

Mehul Kiran Shah @ Mehul K Shah Vs State of… — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^th DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL PETITION No.343 of 2021

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BETWEEN

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MEHUL KIRAN SHAH @ MEHUL K. SHAH, S/O. KIRAN K. SHAH, AGED ABOUT 40 YEARS,

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KIRAN K. SHAH, S/O. KANTILAL SHAH, AGED ABOUT 64 YEARS,

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CHETNA K. SHAH, W/O. KIRAN K. SHAH, AGED ABOUT 56 YEARS,

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THE PETITIONER Nos.1, 2 AND 3 ARE RESIDING AT No.116, “TRIVENI APARTMENTS”, 158 - BERRACAH ROAD, KELLY’S, CHENNAI – 10,

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AND ALSO AT: FLAT No.403, 503, S.S. ROYAL MANSION, 8^TH CROSS, MALLESHWARAM, WEST, BENGALURU CITY – 560 003, KARNATAKA.

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…PETITIONERS

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(BY SRI SANJAY H. SETHIYA, ADVOCATE)

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AND

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STATE OF KARNATAKA, MALLESHWARAM POLICE STATION, REPRESENTED BY SPP.,

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HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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PUJA GIYA SHAH, DAUGHTER OF VINOD GIYA, AGED ABOUT 33 YEARS, RESIDING AT No.81, P.T. RAJAN ROAD, 3-A LAKSHMI TOWERS, B.B. KULAM, NEAR KENDRIYA VIDYALAYA SCHOOL, MADURAI – 625 002,

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AND ALSO AT: FLAT No.403, 503, S.S. ROYAL MANSION, 8^TH CROSS, MALLESHWARAM, WEST, BENGALURU CITY – 560 003, KARNATAKA.

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…RESPONDENTS

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(BY SRI MAHESH SHETTY, HCGP for R.1/STATE throu’ PH SMT. KUSUMA RANGANATH, ADVOCATE for R-2 throu’ VC)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS WHO ARE THE ACCUSED Nos.1 TO 3 IN CRIME No.140/2018 IN C.C.No.12394/2019 ON THE FILE OF XXXII ADDL.C.M.M., BENGALURU, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498A OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF D.P. ACT, REGISTERED BY THE MALLESHWARAM POLICE STATION AND DISMISS THE COMPLAINT IN VIEW OF THE COMPROMISE MOU DATED 05.07.2018.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION through video conferencing, THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioners-accused Nos.1 to 3 under Section 482 of Cr.P.C. for quashing the criminal proceedings in CC No.12394/2019 pending on the file of the XXXII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Section 498A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered by Malleshwaram Police in Crime No.140/2018.

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Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State as also learned counsel for respondent No.2.

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Learned counsel for the petitioners contended that petitioner No.1 and respondent No.2 have already settled their dispute by executing Memorandum of Understanding (MoU), dated 05.09.2018. Subsequently, both of them filed a petition under Section 13B of the Hindu Marriage Act and obtained divorce by mutual consent. The document is also produced.

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Learned counsel for respondent No.2 submits that respondent No.2 has no objection for quashing the criminal proceedings in view of the settlement, divorce by mutual consent and also the decree of divorce by the Family Court, Madurai, Tamil Nadu.

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Learned High Court Government Pleader appearing for respondent No.1-State submits that after settlement of the dispute by the parties themselves, conducting of trial is an abuse of process of law.

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Submissions are placed on record.

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In view of the settlement between the parties, the MoU and also that both petitioner No.1 and respondent No.2 have already obtained divorce by mutual consent before the Family Court, Madurai, Tamil Nadu in OP No.154/2020 dated 17.10.2020 and settled their dispute between themselves as also in view of the guidelines issued by the Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in

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(2012) 10 SCC 303, when the parties have settled their dispute between themselves, the Court can quash the criminal proceedings. Hence, the following:

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Order

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Criminal Petition is allowed.

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The criminal proceedings in CC No.12394/2019 pending on the file of XXXII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Section 498A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act registered by Malleshwaram Police in Crime No.140/2018 is hereby quashed.

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Pending I.A.No.1/2021 does not survive for consideration. Hence, the same is dismissed.

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Sd/JUDGE

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Mehul Kiran Shah @ Mehul K Shah v. State of Karnataka

Case brief

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Mehul Kiran Shah @ Mehul K Shah v. State of Karnataka

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