Allowed

Sri Shankarappa v. Smt Sneha P C @ Yashu

Karnataka HC28 Sept 2022CRL.P/2479/2022

Case brief

AI extract

What is this about?

This order quashes criminal proceedings in C.C.No.52292/2021 for offences under 498A IPC and the Dowry Prohibition Act. The Court terminates the petitions after parties reached a mutual settlement under Section 89 CPC, resolving maintenance claims and agreeing to close the criminal case.

What did the court decide?

Criminal Petitions disposed; impugned proceedings in C.C.No.52292/2021 quashed.

Sri Shankarappa Vs Smt Sneha P C @ Yashu — Domestic Violence | Karnataka HC (2022)

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2479 OF 2022

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C/W

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CRIMINAL PETITION NO. 9682 OF 2022

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IN CRIMINAL PETITION NO. 2479 OF 2022

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BETWEEN:

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SRI SHANKARAPPA S/O LATE KAPINAIAH AGED ABOUT 71 YEARS.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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SMT.SOWBHAGYA W/O SHANKARAPPA

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AGED ABOUT 61 YEARS BOTH ARE RESIDING AT NO. 355, SHIVASADANA HASSAN ROAD, SHARADANAGAR, TIPTUR TUMAKURU DISTRICT – 572 201.

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SMT.CHANDRAKALA W/O RENUKA PRASAD AGED ABOUT 56 YEARS R/AT NO. 37, 5^TH MAIN POST OFFICE, YADHAVAGIRI MYSURU – 570 020.

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…PETITIONERS

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(BY SRI. PADMAVATHI N., ADVOCATE)

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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AND:

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SMT SNEHA P.C @ YASHU W/O TEJASVI S., D/O P. CHANDRA SHEKHAR AGED ABOUT 30 YEARS OLD ADDRESS NO.8, 5^TH CROSS ROAD, LAKSHMI LAYOUT MUNNEKOLALA BENGALURU – 560 037.

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PERMANENT ADDRESS:

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NO. 101/19, 22^ND MAIN JANARDHANA LAYOUT BSK 3^RD STAGE PADMANABHANAGAR BENGALURU – 560 070.

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STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION BENGALURU 560 037 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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…RESPONDENTS

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(BY SRI. ANANDA K S., ADVOCATE FOR R1 SMT.K.P.YASHODHA, HCGP FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.52292/2021 (CR.NO.18/2021) OF MARATHAHALLI POLICE, BENGALURU, WHICH IS PENDING BEFORE THE LEARNED XXIX ADDL.C.M.M., MAYO HALL, BENGLAURU FOR

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.

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IN CRIMINAL PETITION NO. 9682 OF 2022

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BETWEEN:

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SRI. TEJASVI S.S., S/O SHANKARAPPA K., AGED ABOUT 35 YEARS RESIDING AT NO.355, SHIVASADANA HASSAN ROAD, SHARADANAGAR TIPTUR TALUK, TUMAKURU – 572 201.

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…PETITIONER

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(BY SMT.PADMAVATHI N., ADVOCATE)

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AND:

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SMT. SNEHA P.C., D/O P.CHANDRASHEKHAR AGED ABOUT 31 YEARS OLD ADDRESS NO.8, 5^TH CROSS ROAD LAKSHMI LAYOUT MUNNEKOLALA BANGALORE-560037 PRESENT ADDRESS : NO.101/19, 22^ND MAIN JANARDHANA LAYOUT BSK 3^RD STAGE PADMANABHANAGAR BENGLAURU – 560 070.

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STATE OF KARNATAKA BY

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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MARATHAHALLI POLICE STATION BENGALURU – 560 037 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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…RESPONDENTS

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(BY SMT.K.P.YASHODHA, HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.52292/2021 (CR.NO.18/2021 OF MARATHALLI P.S., BANGALORE) WHICH IS PENDING BEFORE THE LEARNED 29^th ACMM, MAYO HALL, BANGALORE FOR THE OFFENCE P/U/S 498A R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT IN THE ABOVE CASE.

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THESE CRIMINAL PETITIONS COMING ON FOR ADMISISON THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners, in these petitions, are before this Court calling in question proceedings in C.C.No.52292/2021 registered for offences punishable under Sections 498A r/w Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.18/2021.

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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The parties to the lis were also before the Family Court in M.C.No.5614/2022 wherein both the parties have settled the dispute amongst themselves and filed a memorandum of settlement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which also recognizes closure of the present proceedings. The relevant paragraphs of the memorandum of settlement reads as follows:

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“…. …. ….

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3. Both the petitioners state that they have no children born to them from their wedlock.

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4. The 1^st petitioner has agreed to pay a sum of Rs. 20,00,000/ (Rupees Twenty Lakhs Only) to the 2^nd petitioner towards maintenance/permanent alimony as full and final settlement of all her claims. The said amount will be paid by way of demand draft bearing No.099189 dated 20.09.2022 drawn on Axis Bank, Marathahalli Branch, Bengaluru and the said D.D will handed over to the 2^nd petitioner at the time of reporting settlement before this Hon'ble Court.

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5. Both the petitioners have agreed that they have no claims of whatsoever nature against each other - past, present or future or in respect of the moveable or immoveable properties of each other.

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6. In view of the settlement arrived between the petitioners, both the petitioners agree that they will

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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cooperate to quash/closure of the criminal case in C.C No.52292/2021 (Crime No.18/2021 Marathahalli Police Station) filed under Section 498-A r/w 34 of IPC and 3 & 4 of D.P. Act, which is pending before 29^th ACMM, Mayohall, Bengaluru. The 1^st petitioner’s parents and aunt have filed a criminal petition No.2479/2022 pending before the Hon’ble High court of Karnataka, Bengaluru and the 2^nd petitioner has agreed to file compromise memo to the said petition.

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7. In view of the settlement arrived between the petitioners, the 2^nd petitioner has agreed to withdraw Crl Misc No.53/2021 filed under Section 12 of D.V Act, which is pending before MMTC-I, Mayohall, Bengaluru.

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8. Both the petitioners further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner.”

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The learned counsel for respondent No.1 would submit that the conditions stipulated in the settlement have been fulfilled between the parties.

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In the light of the terms of settlement, which also recognizes closure of present proceedings, I deem it appropriate to terminate the proceeding against the petitioners, as the same is not against the State.

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CRL.P No. 2479 of 2022 C/W CRL.P No.9682 of 2022

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The Criminal Petitions are disposed.

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(ii) The impugned proceedings in C.C.No.52292/2021 pending on the file of the XXIX Additional Chief Metropolitan Magistrate Court, Bengaluru, stand quashed.

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In view of disposal of petitions, pending applications if any, also stands disposed.

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Sd/JUDGE

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BKP

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List No.: 2 Sl No.: 12

Sri Shankarappa v. Smt Sneha P C @ Yashu

Case brief

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Sri Shankarappa v. Smt Sneha P C @ Yashu

Case brief

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