High Court quashed criminal proceedings filed by wife against husband and relatives for matrimonial offences upon acceptance of settlement and application for compounding by the parties.
Criminal Petition disposed; proceedings in S.C.No.62/2018 quashed; I.A.Nos.1/2022 and 2/2022 disposed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.247/2022
BETWEEN
... PETITIONERS
[BY SRI. SHARATHKUMAR SHETTY, ADVOCATE]
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AND
2 . SMT. AHWINI, W/O RAJESH RAJAGHATTA, AGE ABOUT 30 YEARS, NO.3778/A, 2ND MAIN “B” BLOCK, 15TH CROSS, GAYATHRINAGAR, BANGALORE – 560 021.
... RESPONDENTS
[BY SRI. ROHIT B.J, H.C.G.P FOR R1; SRI. LAKSHMAN .H, ADVOCATE FOR R2)]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE FIR IN CR.NO.105/2016 DATED 30.05.2016 ORDERED BY SUBRAMANYANAGAR POLICE STATION AND ETC.
THIS CRIMINAL PETITION COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in S.C.No.62/2018 registered for offences punishable under Sections 498(a), 504, 506, 354(a)(iii), 370 read with Section 341 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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“2. I submit that due to misunderstand I have filed the complainant before the 1st Respondent/police under section 498(a), 504, 506 Read with section 34 of Indian Penal Code, in C.R.No.0105/2016, where by the 7th Additional Chief Metropolitan Magistrate at Bangalore City has taken the cognizance and Registered the case against the Petitioners in C.C.No.27217/2016 and after committal matter referred to the Principal City Civil and Sessions Judge at Bangalore in S.C.No.62/2018 for the offence against the petitioner in Section 498(a), 504, 506, 370, 354(a) Read with section 34 of IPC and 3 and 4 of DP against the Petitioners.”
have entered into settlement and the marriage is dissolved in M.C.No.4449/2018. The said settlement also narrates about pendency of these impugned proceedings.
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ORDER
ii. Proceedings pending in S.C.No.62/2018 before the XLV Additional City Civil and Sessions Judge, Bangalore (CCH-46), stands quashed qua the petitioners.
In view of the disposal of the main petition, I.A.Nos.1/2022 and 2/2022 also stands disposed.
Sd/JUDGE
SJK
1 issue framed by the court
Whether criminal proceedings initiated for offences under sections 498A, 504, 506 IPC and Dowry Prohibition Act can be terminated upon settlement by parties.
3 provisions across 3 enactments
Sri. Rajesh Rajaghatta
Smt. Anusuya
Sri. Dinesh Gowda
State
Smt. Ahwini
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
