Allowed

Sri Santhosh Kumar R B v. the State of Karnataka

Karnataka HC8 Aug 2022CRL.P/2504/2022

Case brief

AI extract

What is this about?

This criminal petition challenged proceedings under Sections 323, 498A, 504, 506 IPC and Dowry Prohibition Act. The Court accepted a settlement agreement where the couple resolved their disputes, including pending family court cases, and deemed it appropriate to quash the criminal charges.

What did the court decide?

The criminal petition was allowed and the proceedings in C.C.No.4826/2021 were quashed.

Sri Santhosh Kumar R B Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2022)

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CRL.P No. 2504 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2504 OF 2022

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BETWEEN:

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SRI SANTHOSH KUMAR R B S/O RANGANATHAPPA, AGED ABOUT 28 YEARS,

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SRI RANGANATHAPPA S/O LATE SANNAKAMANNA, AGED ABOUT 63 YEARS,

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SMT SHASHIKALA R C W/O RANGANATHAPPA, AGED ABOUT 50 YEARS

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PETITIONERS 1, 2 AND 3 ARE R/AT RANGANATHAPURA VILLAGE SIRA TALUK, TUMKUR DISTRICT PIN CODE: 572 137

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

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SMT ANITHA R W/O MANJUNATHA, AGED ABOUT 31 YEARS, R/AT INAKANAHALLI VILLAGE, SIRA TALUK, TUMKUR DISTRICT. PIN CODE: 572137

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…PETITIONERS

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(BY SRI. MANJUNATH M.R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY SIRA TOWN POLICE, TUMKUR DISTRICT.

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CRL.P No. 2504 of 2022

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REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001

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SMT. MAHALAKSHMI.S.M W/O SANTHOSH KUMAR R.B AGED ABOUT 27 YEARS, R/AT RANGANATHAPURA VILLAGE SIRA TALUK TUMKUR DISTRICT - 572 137

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI. SHIVANANDA R., ADV. FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR FILED BY THE RESPONDENT POLICE IN THEIR CR.NO.48/2021 AND THE CHARGE SHEET FILED BY THE RESPONDENT POLICE IN C.C.NO.4826/2021 FOR THE OFFENCE P/U/S 323, 498A, 504, 506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT, ON THE FILE OF HONBLE CIVIL JUDGE SENIOR DIVISION AND J.M.F.C AT SIRA VIDE ANNEXURE A AND B.

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

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ORDER

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The petition calls in question the proceedings in C.C.No.4826/2021, registered for offences punishable under Sections 323, 498A, 504 and 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

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The parties were also before the Family Court in M.C.No.853/2022, wherein the couple have settled the matter

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CRL.P No. 2504 of 2022

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amongst themselves. The settlement insofar as narrates about the present proceedings, read as follows:

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“ 5. The respondent has agreed to withdraw/close/quash the following cases filed against the petitioner:-

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a) M.C.No.6320/2021 filed under Section 9 of the Hindu Marriage Age, for Restitution of Conjugal Rights, pending before I Addl. Prl Judge Family Court, Bengaluru.

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b) Crl Misc No.572/2021 filed under Section 125 of Cr P C, for maintenance, pending before VI Addl. Prl Judge Family Court, Bengaluru.

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c) Crl Misc 118/2021 filed under Section 12 of D.V. Act, pending before III MMTC, Bengaluru.

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d) Crl Appeal No.1046/2021 pending before CCH:59, Bengaluru appeal filed against the order passed in Crl Misc 118/2021.

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e) Crl Appeal No.1096/2021 pending before CCH:65, Bengaluru appeal filed against the order passed in Crl Misc 118/2021.

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CRL.P No. 2504 of 2022

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f) C.C. No.4826/2021 filed under Section 498-A of IPC pending before Senior Civil Judge and JMFC, Sira.

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g) Crl Petition No.2504/2022 pending before High Court of Karnataka, Bengaluru to quash the order passed in C.C.No.4826/2021. ”

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In the light of the settlement arrived at between the parties and the offences not being against the State, I deem it appropriate to accept the settlement and terminate the proceedings against the petitioners.

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For the aforesaid reasons, the criminal petition is

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disposed. The proceedings in C.C.No.4826/2021 on the file of the Civil Judge Senior Division and J.M.F.C., Sira, stand quashed.

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Sd/JUDGE

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Sri Santhosh Kumar R B v. the State of Karnataka

Case brief

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Sri Santhosh Kumar R B v. the State of Karnataka

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