The High Court allowed a criminal petition filed under Section 482 Cr.P.C. to quash proceedings registered against petitioners for offences under Section 498A IPC and the Dowry Prohibition Act, as the parties had entered into a settlement.
Criminal Petition allowed; Impugned proceedings in C.C.No.6814/2019 quashed qua the 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 13TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.160 OF 2021
BETWEEN:
ALL R/AT NO.34 13TH MAIN J.C.NAGAR, KURUBARAHALLI BENGALURU – 560 086.
... PETITIONERS
(BY SRI VISHNUMURTHY, ADVOCATE(PHYSICAL HEARING))
AND:
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AGED ABOUT 30 YEARS, R/AT NO.35, 2 E, PATIL PARADISE B.K.NAGAR, YESHWANTHPURA BENGALURU – 560 022.
... RESPONDENTS
(BY SMT.YASHODHA K.P., HCGP FOR R1; SRI GOPI D., ADVOCATE FOR SRI CHANDRAHASA RAI B., ADVOCATE FOR R2 (PHYSICAL HEARING))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.6814/2019 FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed calling in question the proceedings in C.C.No.6814/2019 pending before the Chief Metropolitan Magistrate, Bangalore, registered for the offences punishable under Sections 498-A r/w Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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Memo in this regard, the relevant portion of the affidavit filed along with the Joint Memo reads as follows:
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parties as aforesaid and the offences being punishable under Section 498A of the IPC and also under Sections 3 and 4 of the Dowry Prohibition Act, 1961, I deem it appropriate to terminate the proceedings.
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ORDER
Sd/JUDGE
bkp CT:MJ
2 issues framed by the court
Whether proceedings under Sections 498A IPC and Dowry Prohibition Act should be quashed following a settlement between parties.
Whether the court has jurisdiction to terminate the forgone prosecution under Section 482 Cr.P.C. on grounds of settlement.
3 provisions across 3 enactments
Smt. Shanthi w/o Venkatesh
Anand s/o Venkatesh
Venkatesh s/o Late Govindhaswamy Naidu
State of Karnataka
Smt. Gayathri w/o Late Santhosh
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
