Allowed

K R Krishnaprasad v. State of Karnataka

Karnataka HC1 Mar 2021CRL.P/804/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the Criminal Petition under Section 482 Cr.P.C. to quash proceedings in C.C.No.1002/2015 for matrimonial offences, relying on an amicable settlement before the Family Court and full compliance with payment conditions under the settlement.

What did the court decide?

Proceedings in C.C.No.1002/2015 are quashed; application under Section 482 read with Section 320(6) Cr.P.C. is allowed.

K R Krishnaprasad Vs State of Karnataka — 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 01^ST DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION No.804/2021

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BETWEEN:

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K.R. KRISHNAPRASAD, S/O K.M. RAMAKRISHNA, AGED ABOUT 32 YEARS, R/AT NO.8. 1^ST FLOOR, NEAR MANJUNATHA SAWMILL, NEAR INDIAN GAS, MANJUNATH NAGAR, RAMANAGARA TOWN, RAMANAGARA – 562 159.

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K.M. RAMAKRISHNA, S/O LATE ANGADI MALAIAH, AGED ABOUT 63 YEARS, R/AT NO.125, SHIVA KRUPA NILAYA, NAVAGRAHA TEMPLE STREET, RAMANAGARA ROAD, KANAKAPURA, RAMANAGARA – 562 159. … PETITIONERS

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(BY SRI M.L. DODDATHAMME GOWDA, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY IJOOR P.S., REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001.

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HARSHITHA B.N., W/O K.R. KRISHNAPRASAD,

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AGED ABOUT 28 YEARS, R/O NO.4037, RAJAJI NAGARA, 2^ND PHASE, ‘B’ BLOCK, 3^RD MAIN ROAD, BANGALORE – 560 021. … RESPONDENTS

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(BY SRI MAHESH SHETTY, HCGP FOR R-1, SRI SANTOSH RAJ URS, ADVOCTE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1002/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA.

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

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O R D E R

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This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the proceedings in C.C.No.1002/2015 for the offences punishable under Sections 498A, 323, 504 and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, on the file of the Additional Civil Judge and JMFC at Ramanagara.

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The factual matrix of the case is that respondent No.2 herein had lodged a complaint making the allegation against the petitioners that they subjected her to both mental and physical harassment and she was assaulted and abused and

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prior to the marriage they had received the dowry and subsequent to the marriage also they demanded additional

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dowry. Based on the complaint, the police have investigated the matter and filed the charge-sheet and cognizance was also taken.

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Now, the parties have amicably settled the dispute amongst themselves before the Bangalore Mediation Centre and consequently II Additional Family Court at Bangalore passed an order in M.C.No.5315/2014 as per the BMC report. In view of the settlement, it is agreed to pay an amount of Rs.5,00,000/to respondent No.2 and out of that, an amount Rs.2,00,000/has already been paid and an amount of Rs.3,00,000/- to be paid at the time of quashing of the proceedings. The petitioners have filed an application under Section 482 read with Section 320(6) of Cr.P.C. praying this Court to compound the offences and quash the proceedings. In support of the application, affidavits are filed by the petitioners and the complainant and a joint memo is also filed before the Court.

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Having perused the contents of the affidavit and considering the matter is settled amongst the parties before the Family Court based on the report submitted by the Mediation Centre and there was a condition in the settlement vide

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Annexure-E that as per condition No.6, an amount of Rs.3,00,000/- is to be paid at the time of quashing the proceedings and accordingly the amount is paid. In view of the judgment of the Apex Court in the case of GIAN SINGH v.

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STATE OF PUNJAB reported in (2012) 10 SCC 303 , when the matter has been amicably settled amongst the parties and when the dispute is with regard to matrimonial dispute and the offence is not against the society at large, the offence can be compounded.

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In view of the discussions made above, I pass the

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following:

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ORDER

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(i) The application filed under Section 482 read with Section 320(6) of Cr.P.C. is allowed.

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(ii) Consequently, the petition is allowed.

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(iii) The proceedings initiated against the petitioners in C.C.No.1002/2015 is hereby quashed.

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Sd/JUDGE

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K R Krishnaprasad v. State of Karnataka

Case brief

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K R Krishnaprasad v. State of Karnataka

Case brief

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