The Bench allowed the criminal petition and quashed the proceedings under Sections 306, 504, 506 read with Section 34 of the IPC after a settlement was arrived at between the parties.
Criminal Petition allowed; impugned proceedings in S.C.No.1886/2019 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 13TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.1772 OF 2022
BETWEEN:
BOTH ARE RESIDING AT NO.2E, 2ND FLOOR I MAIN ROAD, B K NAGAR YASWANTHAPURA BENGALURU – 560 022.
... PETITIONERS
(BY SRI RAJESH A., ADVOCATE (PHYSICAL HEARING))
AND:
2
... RESPONDENTS
(BY SMT.YASHODHA K.P., HCGP FOR R1; SRI VISHNUMURTHY, ADVOCATE FOR R2 (PHYSICAL HEARING)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN S.C.NO.1886/2019 (CR.NO.90/2018) AGAINST THE PETITIONER HEREIN FOR AN OFFENCE P/U/S.306, 504, 506 R/W SEC.34 OF IPC REGISTERED BY THE BASAWESWARA NAGAR POLICE STATION, BENGALURU ON THE FILE OF THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, 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 S.C.No.1886/2019 pending before LXIII Additional City Civil and Sessions Judge, Bangalore registered for the offences punishable under Sections 306, 504, 506 r/w Section 34 of the IPC.
the lis have entered into a settlement and have filed a Joint
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Memo in this regard. The affidavit filed in support of the Joint
Memo reads as follows:
2. I state that at the intervention of my elders and well-wishers, I am not interested in the matter of continuing the prosecution of S.C.No.1886/2019 (Crime No.90/2018) on the file of LXIII Addl., City Civil and Sessions Judge, at Bangalore for an offence punishable U/s 306, 504, 506 R/w 34 of the Indian Penal Code against the petitioner no.1 and 2.
Wherefore, I pray that this Hon’ble Court be pleased to quash the further proceedings in S.C.No.1886/2019 (Cri No.90/2018) against the Petitioners herein for an offences punishable under Section 306, 504, 506 R/w 34 of Indian Penal Code registered by the Basaweswara Nagar Police Station, on the file of the LXIII Addl. City Civil and Sessions Judge, Bangalore, to serve the interest of justice and equity.”
parties as aforesaid, and the offences being punishable under Sections 306, 504, 506 r/w Section 34 of the IPC, I deem it appropriate to terminate the proceedings.
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ORDER
I.A.No.1/2022 stands disposed, as a consequence.
Learned High Court Government Pleader to file memo of appearance for respondent No.1 within four weeks from today.
Sd/JUDGE
bkp CT:MJ
1 issue framed by the court
Whether the impugned criminal proceedings should be quashed in light of the settlement between the parties.
2 provisions across 2 enactments
Smt. Gayatri W/o Late Santhosh
Smt. Bhagya W/o Late Pannappa
The State of Karnataka
Smt. Shanthi W/o Venkatesh
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
