Single judge allowed quashing of criminal proceedings under Section 482 Cr.P.C. after petitioners accused and respondent wife settled dispute, obtained mutual divorce, and respondent agreed to withdraw complaints, citing Gian Singh guidelines.
Criminal proceedings in C.C.No.7343/2016 are quashed; I.A.No.1/2021 allowed.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.3640 of 2020
BETWEEN
(PETITIONERS 1 TO 3 ARE RESIDING AT No.152, 3RD B MAIN ROAD, 2ND STAGE, BAPUJINAGAR, BENGALURU - 560 026).
…PETITIONERS
(BY SMT. SHUBHA S., ADVOCATE)
AND
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2. STATE OF KARNATA, REPRESENTED BY BYATARAYANAPURA P.S., BYATARAYANAPURA, BENGALURU – 560 026.
…RESPONDENTS
(BY SMT. SHREYA @ RANI, respondent No.1 Party-in-person)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS OF C.C.No.7343/2016 ON THE FILE OF THE 45TH A.C.M.M., BENGALURU, AS ABUSE OF PROCESS OF LAW.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION along with I.A.No.1/2021 , THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
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 C.C.No.7343/2016 pending on the file of the XLV Additional CMM, Bengaluru, for the offences under Sections 498A, 323, 506 read with 34 of IPC and Sections 3 and 6 of Dowry Prohibition Act.
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between themselves. Hence, they have filed I.A.No.1/2020 seeking permission to compound the offence and to quash the criminal proceedings.
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Sd/JUDGE
mv
1 issue framed by the court
Whether criminal proceedings应予 quashing upon settlement and mutual divorce between parties under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab and anotherReferred¶31
(2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
MR. GOPI L.
MR. LAKSHMINARAYANA R.
SMT. SUVARNA P.
STATE OF KARNATA
SMT. SHREYA @ RANI
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court