The High Court of Karnataka quashed criminal proceedings for offences under Sections 498A IPC, 504 IPC, 506 IPC and the Dowry Prohibition Act. The court accepted that the parties had reached a settlement via a mediation center, leading to the termination of the case.
The criminal petition is disposed and the proceedings in C.C.No.8293/2021 stand quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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.2579 OF 2022
BETWEEN:
NO.1 TO 4 RESIDING AT FLAT NO.A -002, DHRUVA DAFFODILS NO.155, SARJAPURA MAIN ROAD VARTHUR, BENGALURU – 560 087.
... PETITIONERS
(BY SRI ANAND R.V., ADVOCATE)
AND:
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REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU.
... RESPONDENTS
(BY SRI SHANKAR H.S., HCGP FOR R1; SMT.VAISHNAVI S.DESAI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.8293/2021 ON THE FILE OF II ADDL.C.J.M., BENGALURU RURAL, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.8293/2021, pending on the file of the 2nd Additional Chief Judicial Magistrate, Bengaluru, registered for the offences punishable under Sections 498A, 504 and 506 of
the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
parties that the parties to the lis have settled the issue amongst
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before the Mediation Center, Bengaluru and have filed an application along with affidavits to that effect. A certified copy of the Memorandum of Settlement filed before the family Court is also appended to the petition.
“AFFIDAVIT
5. The pet has agreed to withdraw Crl.Misc.No.25/2021 pending on the file of MMTCV, Bengaluru and Crl.A.No.370/2021 pending before City Civil Court, CCH-66, Bengaluru.
6. In view of this settlement agreement the petitioner has agreed to cooperate in closing / quashing the proceedings in C.C.No.8293/2021 pending before the II Addl. Chief Judicial Magistrate, Bengaluru for the offence punishable under Section 498-A of IPC R/W Section 3 & 4 of D.P.Act.”
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In terms of the afore-extracted paragraphs of the
memorandum of settlement, affidavits and that the parties have arrived at settlement, I deem it appropriate to terminate the proceedings initiated against the petitioners for the afore-quoted offences.
ORDER
Sd/JUDGE
nvj
CT:MJ
2 issues framed by the court
Whether criminal proceedings should be quashed in view of the settlement agreement between the parties.
Whether the petitioners are entitled to relief under Section 482 Cr.P.C. given the settlement.
6 provisions across 3 enactments
B.N.Karthik
Sri Nagendra Prasad
Smt.K.V.Padmajha
Bindu Swetha
State of Karnataka
M.V.Soumya
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
