Allowed

Sri Nikhil Kurgod v. State of Karnataka

Karnataka HC24 May 2022CRL.P/2282/2022

Case brief

AI extract

What is this about?

This court allowed a criminal petition under Section 482 CrPC to quash criminal proceedings against the petitioner for dowry and cruelty offences. The court held that the dispute was resolved through mediation, resulting in a settlement and mutual decision to separate/divorce, necessitating the quashing of proceedings.

What did the court decide?

The proceedings in C.C.No.33595/2021 were quashed, obliterating them qua the petitioner.

Sri Nikhil Kurgod Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF MAY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION No.2282/2022

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BETWEEN:

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SRI NIKHIL KURGOD S/O UMAPATHY K AGED ABOUT 34 YEARS R/AT NO.G-2101 SHRIRAM SHREYAS APARTMENT TELECOM LAYOUT NEAR VIRUPAKSHAPURA KODIGEHALLI BENGALURU – 560 097 ...PETITIONER

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(BY SRI SHASHANK NAGENDRAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY EAST ZONE WOMEN’S POLICE STATION BENGALURU CITY REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001

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SMT.SNEHA GOUD W/O NIKHIL KURGOD AGED ABOUT 30 YEARS R/AT No.34, 4^TH CROSS PRAKRITI LAYOUT, ATTUR MAIN ROAD ANANTHAPURA, YELAHANKA BENGALURU – 560 0641 ...RESPONDENTS

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(BY SRI K.S.ABHIJITH, HCGP FOR R1;

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SRI RAMAKRISHNA SRINIVASAN, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 26.11.2021 TAKING COGNIZANCE AGAINST THE PETITIONER PASSED BY THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.33595/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.

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

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ORDER

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The petitioner/husband of the complainant is before this Court calling in question the proceedings in C.C.No.33595/2021 pending before VI Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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During the pendency of the aforesaid crime, the parties on approaching the mediation for amicable settlement, settled the dispute between themselves and the marriage has now annulled as settled between the parties.

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The settlement also recognizes the subject

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crime. The terms of the settlement reads as follows:

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“ MEMORANDUM OF SETTLEMNET UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 .

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The parties above named submit as follows:

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I. The petitioner has filed this petition under Section 482 Cr P C for quash the order taking cognizance passed by the VI ACMM, Bengaluru dated 26.11.2021 in C.C.No.33595/2021, arising out of Crime No.76/2021 of the East Zone Women’s Police Station, Bengaluru.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner and the respondent along with their counsel were present and have resolved their dispute on the following terms and conditions.

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The parties state their marriage was solemnized according to Hindu rites and customs on 21.04.2016 at Mallika Convention, NH-7, Shamsabad, Hyderabad, Telangana-501218, as per Hindu rites and customs.

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Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent have been living separately

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from 02.10.2019. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually.

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The parties herein state that they have entered into an elaborate agreement in M C No.6805/2021 pending on the file of the IV Addl. Family Court, Bengaluru, seeking divorce.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon’ble Court be pleased to pass appropriate order.”

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In the light of the settlement arrived at

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between the parties, the proceedings are required to be obliterated.

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For the aforesaid reasons, the criminal petition is allowed. The proceedings in C.C.No.33595/2021 pending before VI Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC

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and Sections 3 and 4 of the Dowry Prohibition Act, 1961, stands quashed, qua the petitioner.

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Sd/JUDGE

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KSR

Sri Nikhil Kurgod v. State of Karnataka

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Sri Nikhil Kurgod v. State of Karnataka

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