Quashed

Sri Avinash H v. Vs State of Karnataka

Karnataka HC16 Jun 2022CRL.P/1998/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings initiated under Sections 498-A, 323 and 504 of IPC. The court held that since the consent settlement signed by both parties prior to judicial settlement is genuine and the offences are not against the State, the impugned proceedings stand terminated.

What did the court decide?

The criminal proceedings in C.C. No.55482/2020 registered against the petitioner for offences punishable under Sections 498-A, 323 and 504 of IPC are quashed and the petition stands disposed of.

Sri Avinash H v Vs State of Karnataka — Karnataka HC (2022) — LawSathi Research

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 16^TH DAY OF JUNE, 2022 BEFORE

¶3

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶4

CRIMINAL PETITION NO.1998 OF 2022

¶5

BETWEEN:

¶6

SRI AVINASH H.V. S/O VENKATESH C., AGED ABOUT 32 YEARS, R/AT HUNGENAHALLI VILLAGE, KASABA HOBLI, MALURU TALUK, KOLAR DISTRICT - 563 130.

¶7

…PETITIONER

¶8

(BY SRI. VENKATRAM, ADV.)

¶9

AND:

¶10

STATE OF KARNATAKA BY K R PURAM POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.

¶11

SMT. SHOBHA K. D/O KANNAPPA, AGED ABOUT 31 YEARS, R/AT NO.41, 4TH MAIN ROAD

¶12

¶13

VINAYAKA LAYOUT, K.R. PURAM, BENGALURU - 560 036.

¶14

…RESPONDENTS

¶15

(BY SRI. K.S. ABHIJITH, HCGP FOR R1; SRI. S. GURU PRASANNA, ADV. FOR R2)

¶16

THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.55482/2020 IN CR.NO.73/2020 DATED 18.02.2020 UNDER SECTIONS 498-A, 323, 504 OF IPC, IN WHICH CHARGE-SHEET HAS BEEN FILED BY THE 1ST RESPONDENT, PENDING BEFORE THE X ADDL.C.M.M. COURT, MAYOHALL, BENGALURU.

¶17

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

¶18

ORDER

¶19

The petitioner is before this Court calling in question the proceedings in C.C. No. 55482/2020 registered against him for the offences punishable under Sections 498-A, 323 and 504 of IPC, pending on the file of X Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru.

¶20

¶21

The parties to the lis were also before the Family Court, Bengaluru, in M.C. No.5330/2020 wherein they have settled the dispute amongst themselves which also recognises closure of the present proceedings by mutual consent. The paragraphs of said settlement in so far as it is germane for the present lis, read as follows:

¶22

" 4. The petitioner has agreed to pay a sum of Rs.18,00,000/- towards child expenses and refund of amount taken from the respondent. The respondent has agreed to collect the demand draft for a sum of Rs.18,00,000/- at the time of reporting settlement before the Hon'ble Court.

¶23

Both the parties are gainfully employed and as such they have no claims of maintenance / permanent alimony against each other.

¶24

The respondent agreed to withdraw Crl. Misc. No.18/2019 and Crl. Misc. No.72/2021 both pending before MMTC-IV, Bengaluru and further agreed to withdraw O.S. No.669/2019 which is pending before the Hon'ble II Addl.

¶25

¶26

Senior Civil Judge, Bengaluru Rural District, Bengaluru within one month from date of reporting. The petitioner has agreed to file appropriate proceeding for quashing in C.C. No.55482/2020 pending before 10th ACMM, Mayohall, Bengaluru filed by the respondent under Section 498-A, 323 and 504 of IPC. The respondent agrees to cooperate to remain present before the Hon'ble High Court of Karnataka, Bengaluru as and when called for by the petitioner.

¶27

Both the parties hereby agreed to withdraw unconditionally all the allegations made against each other before any authority / court.

¶28

The respondent has agreed to execute a registered release deed in favour of the petitioner and transfer her 50% right, title and interest in the property bearing No.110/2, BBMP Khata No.240/110/2 situated at Nagondanahalli Village, K.R. Puram Hobli, East Taluk, Ward No.84 (BBMP) admeasuring 1200 sq.ft. registered before the Senior SubRegistrar, K.R. Puram vide document No.KRI1-08685-2017-18 dated 08.01.2018 and

¶29

¶30

stored in C.D. No. KRID612. The petitioner undertakes to bear the cost of entire registration."

¶31

In the light of the settlement arrived at between the parties and the offences being not against the State but are the ones punishable under Sections 498-A. 323 and 504 of IPC, I deem it appropriate to accept the settlement and terminate the impugned proceedings.

¶32

For the aforesaid reasons, the proceedings against the petitioner herein in C.C. No.55482/2020 on the file of X Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru, registered for the offences punishable under Sections 498-A, 323 and 504 of IPC are quashed.

¶33

Accordingly, the criminal petition stands disposed of.

¶34

JUDGE

¶35

sac*

¶36

Sd/-

Sri Avinash H v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Avinash H v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Shivanand M Hiremath Vs the State of Karnataka

Amitanshu Ghosh Vs William Anoop Nicodemus

Smt Dhanamani J C Vs the State of Karnataka

Smt C R Ashwini Vs Sri Ganesh P

syed ishrathulla hussaini Vs Mr. Noor Ahmed N.M

Smt Sanna Boramma Vs the State of Karnataka