Allowed

Sri R N Sreekantaiah v. State of Karnataka

Karnataka HC8 Jul 2022CRL.P/1000/2022

Case brief

AI extract

What is this about?

This judgment disposed of two criminal petitions filed under Section 482 Cr.P.C. to quash proceedings arising from matrimonial disputes. The Court accepted a joint memo of settlement where parties agreed to withdraw complaints and undertook not to prosecute in the future. Proceedings involving allegations under Section 307 IPC were quashed.

What did the court decide?

Criminal petitions disposed; proceedings in C.C.No.37366/2021 and P.C.R.No.13167/2017 stood quashed.

Sri R N Sreekantaiah Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2022)

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 1000 OF 2022

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C/W

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CRIMINAL PETITION NO. 1717 OF 2021

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IN CRIMINAL PETITION NO. 1000 OF 2022

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BETWEEN:

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SRI R.N.SREEKANTAIAH S/O NANJAPPA

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AGED 54 YEARS R/A NO.455, 3^RD MAIN 4^TH CROSS, BDA MKS LAYOUT DODDAKALLASANDRA BENGALURU – 560 068.

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SRI N.MALIKARJUNA S/O LATE NANJUNDAPPA

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AGED 64 YEARS R/AT NO.10, ARKERE MAIN ROAD BANNERGHATTA ROAD BENGALURU – 560 076.

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…PETITIONERS

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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(BY SRI B.RAMESH., ADVOCATE)

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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AND:

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STATE OF KARNATAKA REP. BY VIJAYANAGAR POLICE STATION BENGALURU CITY REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SMT.N.M.SHOBHA W/O SREEKANTHAIAH AGED 51 YEARS R/AT NO.321, 6^TH CROSS CANARA BANK LAYOUT NAGARABHAVI MAIN ROAD BENGALURU – 560 072.

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…RESPONDENTS

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(BY SRI K.S.ABHIJITH., HCGP FOR R1; SRI OMKARA BASAVA PRABHU, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE 1^ST RESPONDENT POLICE IN TERMS OF COMPLAINT LODGED BY THE 2^ND RESPONDENT IN C.C.NO.37366/2021 FOR THE OFFENCE P/U/S 498(A), 420, 494, 504, 506 R/W 34 OF IPC ON THE FILE OF XXIV ADDL.C.M.M., BENGALURU.

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IN CRIMINAL PETITION NO. 1717 OF 2021

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BETWEEN:

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SRI H.N.RAJESH S/O NARAYANASWAMY AGED ABOUT 48 YEARS

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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R/AT NO.18, 6^TH ‘A’ CROSS AMARJYOTHI NAGARA, VIJAYANAGARA BENGALURU – 560 040.

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SMT.N.M.SHOBHA W/O R.N.SRIKANTAIAH AGED ABOUT 50 YEARS R/AT NO.18, 6^TH ‘A’ CROSS AMARJYOTHI NAGARA, VIJAYANAGARA BENGALURU – 560 040.

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…PETITIONERS

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(BY SRI OMKARA BASAVA PRABHU, ADVOCATE)

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AND:

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SRI R.N.SRIKANTAIAH S/O NANJAPPA AGED ABOUT 54 YEARS WORKING AS TECHNICAL ASSISTANT SIRI-BIO-TECH RESEARCH LABORATORY SSTL CAMPUS, CENTRAL SILK BOARD KODATHI, BENGALURU – 560 062.

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…RESPONDENT

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(BY SRI B.RAMESH., ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 22.12.2020 PASSED IN PCR.NO.13167/2017 BY THE LEARNED XXIV ACMM, BANGALORE.

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

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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ORDER

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The petitioners in Crl.P.No.1000/2022 call in question proceedings in C.C.No.37366/2021, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, registered for offences punishable under Sections 498A, 420, 494, 504 and 506 of the IPC r/w. Section 34 of the IPC.

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The petitioners in the companion petition – Crl.P.No.1717/2021 arises out of a private complaint in P.C.R.No.13167/2017, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 120B, 307, 406, 420 and 497 r/w. Section 34 of the IPC.

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Learned counsel appearing for both the parties submit that during the pendency of these petitions, the parties to the lis have resolved their dispute amicably and file a joint memo of settlement of the petitioners and respondents before this Court.

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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The joint memo of settlement reads as follows:

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“JOINT MEMO FILED BY BOTH THE PETITIONERS AND RESPONDENTS

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Xxxxxx

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5. It is submitted that, at the instance of the well wishers and friends the disputed between both the parties in both Crl.Petn.No.1000/2022 and Crl.Petn.No.1717/2021 have amicable settled among themselves and filed this joint memo as per the following terms and conditions:

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a. The 2^nd respondent i.e., N.M.Shobha in Crl.Petn.No.1000/2022 has undertaken and agreed to withdraw all the complaints lodged against the petitioners in Crime No.23/2021 which has culminated in C.C.No.37366/2021 pending on the file of the 24^th Additional Chief Metropolitan Magistrate at Bengaluru and also undertaken that she would not prosecute the said proceedings against them in future in any manner.

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b. Similarly, the respondent No.1 i.e. R.N.Sreekantaiah in Crl.P.No.1717/2021

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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has agreed and undertaken that he would withdraw the complaint filed against the petitioners in Crime No.623/2017 pursuant to the complaint in PCR No.13167/2017 which has now culminated in CC No.664/2021 pending on the file of the 24^th Additional Chief Metropolitan Magistrate at Bengaluru and also undertaken that he would not prosecute the said proceedings against them in future in any manner.

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c. Further the petitioner No.1 in Crl. Petn. No.1000/2022 has also agreed and undertaken that he would withdraw the complaint which is registered as PCR No.14546/017 pending on the file of IV Additional Chief Metropolitan Magistrate at Bengaluru for the offence punishable under Section 120B, 307, 406, 420 Read with Section 34 of IPC in view of the settlement arrived between the parties in these proceedings.

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d. Both the parties in both the Criminal petitions have agreed that they have no objection to quash the proceedings initiated against

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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each other in Crime No.23/2021 which has been culminated in C.C.No.37366/2021 and also in Crime No.623/2017 which has been culminated in C.C.No.664/2021 on the file of the 24^th Additional Chief Metropolitan Magistrate at Bengaluru.”

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Though the offences alleged against the petitioners in the case at hand inter alia is one punishable under Section 307 of the IPC, since it is a marital dispute between the husband and wife and other members of the family and that the injuries sustained by the victim is also a matter being within the family, I deem it appropriate to accept the joint memo, notwithstanding the fact that the offence alleged is under Section 307 of the IPC.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petitions are disposed.

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(ii) The proceedings in C.C.No.37366/2021, pending

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on the file of the XXIV Additional Chief

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CRL.P No. 1000 of 2022 C/W CRL.P No. 1717 of 2021

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Metropolitan Magistrate, Bengaluru, impugned in Crl.P.No.1000/2022 and the proceedings in P.C.R.No.13167/2017, pending on the file of the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, impugned in Crl.P.No.1717/2021, stand quashed.

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Sd/JUDGE

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NVJ

Sri R N Sreekantaiah v. State of Karnataka

Case brief

What is this about?

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Sri R N Sreekantaiah v. State of Karnataka

Case brief

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