Allowed

Dr Arun Kumar v. the Police Inspector

Karnataka HC2 Aug 2021CRL.P/5525/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed the FIR and charge sheet in a dowry harassment case under Section 482 Cr.P.C. relying on a settlement between the parties and a subsequent judicial decree that nullified the marriage between the petitioner and the complainant.

What did the court decide?

The criminal petition was allowed; proceedings in Crime No.261/2017 pending in C.C.No.53271/2018 were quashed.

Dr Arun Kumar Vs the Police Inspector — 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 2^ND DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL PETITION No.5525 of 2021

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BETWEEN

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DR. ARUN KUMAR S/O. THIPPE RUDRAPPA E.C. AGED ABOUT 40 YEARS RESIDING AT SREE BASAVAKRUPA GUMASTHA COLONY, 2^ND CROSS CHITRADURGA TOWN CHITRADURGA DISTRICT - 577 501.

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…PETITIONER

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(BY SRI ADINARAYANAPPA, ADVOCATE)

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AND

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THE POLICE INSPECTOR RAMAMURTHYNAGAR POLICE STATION BANASWADI SUB-DIVISION BENGALURU - 560 016.

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SMT. ASHWINI S.J. W/O. ARUNKUMAR E.T. D/O. JAYADEVA S.M. AGED ABOUT 31 YEARS RESIDING AT No.25, FLAT No.203 SRI RANGA MANSSION, 4^TH MAIN 3^RD CROSS, O.M.B.R. LAYOUT BENGALURU - 560 043.

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…RESPONDENTS

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(BY SRI MAHESH SHETTY, HCGP for R.1. Notice to R.2 dispensed with vide order dated 2.8.2021)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO (a) QUASH THE FIR AND CHARGE SHEET FILED BY RESPONDENT No.1 AGAINST THE PETITIONER IN CRIME NO.261 OF 2017 WHICH IS PENDING AS C.C.NO.53271 OF 2018 ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU WHICH ARE PRODUCED AT ANNEUXRES-A AND B AND (b)GRANT COST OF THIS PETITION.

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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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Learned High Court Government Pleader takes notice

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for respondent No.1.

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Issue notice to respondent No.2 is dispensed with.

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This petition is filed by the petitioner/accused No.1 under Section 482 of Cr.P.C. for quashing the FIR and the charge sheet in Crime No.261/2017 registered for the offences under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Sections 498A, 504, 506, and 420 read with 34 of IPC.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

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The case of the prosecution is that on the complaint of respondent No.2 filed before the Police on 04.07.2017, alleging that she got married this petitioner and subsequently, the petitioner and his family members said to have harassed her physically and mentally demanding dowry and cheated her, a case came to be registered and charge sheet was filed. Respondent No.2 also filed a matrimonial case before the Family Court, Bengaluru, in M.C.No.2460/2017 for declaring their marriage dated 10.02.2016 as null and void and later, the matter was referred to mediation centre. The matter was settled between the parties in view of the compromise application filed by the parties. As per the compromise, the marriage was declared null and void vide decree dated 22.08.2019. Based upon the compromise, the co-accused persons filed a petition before this Court under Section 482 of Cr.P.C. in Crl.P.No.7019/2018, which came to be allowed on 15.04.2021 by quashing all further proceedings. Subsequently, the parents of this petitioner also filed a petition before this Court under Section 482 of Cr.P.C. in

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4

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Crl.P.No.7067/2018, which came to be allowed on 08.06.2018, by quashing the FIR and the charge sheet. Now, the petitioner/accused No.1 who is the husband of respondent No.2 is before this Court.

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In view of the settlement between the parties and the marriage between them was nullified by the competent court of law and as per their agreement, both the parties have agreed to withdraw the complaint and co-operate for quashing the FIR and the charge sheet filed against this petitioner. In view of the settlement arrived at between the parties and the principle laid down by the Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 , the petition requires to be allowed by invoking the provisions of Section 482 of Cr.P.C. pending before the X Additional Chief Metropolitan Magistrate at Bangalore in CC No.53271/2018. Hence, the following:

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Order

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The criminal petition is allowed.

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The proceedings in Crime No.261/2017, which is

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pending in C.C.No.53271/2018 on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.

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Sd/JUDGE

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Dr Arun Kumar v. the Police Inspector

Case brief

What is this about?

What did the court decide?

Dr Arun Kumar v. the Police Inspector

Case brief

What is this about?

What did the court decide?

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