Criminal petition under Section 482 Cr.P.C. seeking quashing of FIR under 498-A IPC and Dowry Prohibition Act allowed after parties settled and outstanding payment of Rs. 1,80,000 deposited.
FIR Cr. No. 234/2017 and subsequent proceedings quashed qua petitioners.
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 APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.1472/2022
BETWEEN
ALL RESIDENTS OF D-3/F-2, DILSHAD COLONY, NEW DELHI – 110 095.
... PETITIONERS
[BY SRI.HEMANTH R RAO, ADVOCATE]
AND
2
... RESPONDENTS
[BY SRI.SHANKAR H.S., HCGP FOR R1; SRI.ROHIT SHARMA, ADVOCATE FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE FIR NO.234/2017 P.S., SUDDAGUNTEPALYA P.S., U/S.498-A R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT AND THE CONSEQUENT/SUBSEQUENT PROCEEDINGS/INVESTIGATION EMANATING THEREFROM.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in Crime No.234/2017 registered for offences punishable under Sections 498A and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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the petitioners and Sri. Rohit Sharma appearing for respondent No.2.
transpires that the parties to the lis have settled the matter. Terms of settlement reads as follows:
“The Third Party shall pay by way of Pay Order/DD/RTGS/NEFT a sum of Rs.1,80,000/(Rupees One Lac Eighty Thousand) to the First Party at the time of quashing of FIR / CR Case No.234/2017 under Section 498 A R/w 34 IPC and 3 & 4 of DP Act at PS SuddaGuntePalya by the Hon’ble Karnataka High Court, Bench at Bengaluru.”
conditions stipulated in the agreement supra have been fulfilled except payment of Rs.1,80,000/-, to which, the learned counsel would submit that it would be paid within the next one hour.
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ORDER
ii. Proceedings pending in Crime No.234/2017 stands quashed, qua the petitioners.
Sd/JUDGE
SJK
1 issue framed by the court
Whether the Cr.P.C. 1898 proceedings under Section 498-A IPC and Dowry Prohibition Act should be quashed after settlement between parties.
3 provisions across 3 enactments
Alankar Raghubir Chandra
Raghubir Chandra
Smt. Susmita Raghubir Chandra
State of Karnataka
Mrs. Avantika Ray
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
