The High Court of Karnataka quashed two FIRs and disposed of companion criminal petitions. A settlement was reached in the underlying matrimonial dispute before a mediation centre, involving payment of alimony and dissolution of marriage.
Criminal Petitions disposed of; FIRs in Crime No.196/2021 and C.C.No.50840/2022 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.3092/2022 C/W
CRIMINAL PETITION NO.8528/2021
In Crl.P.No.3092/2022:
BETWEEN
YOGANANDA B, S/O BHOOPAL, NOW AGED ABOUT 35 YEARS, R/AT FLAT NO.H 108, OAKWOOD RESIDENCY, PANNATHUR, BENGALURU CITY – 560 103.
... PETITIONER
[BY SRI. CHANDRASHEKARA K.A., ADVOCATE]
AND
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MAHADEVAPURA POLICE STATION, BENGLAURU – 560 048
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGLAURU - 560 001.
... RESPONDENTS
[BY SRI. CHANDRASHEKARA K.A., ADVOCATE FOR R1; SRI. ROHIT B.J., HCGP FOR R2)]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE REGISTRATION OF FIR IN CRIME NO.196/2021 OF MAHADEVAPURA POLICE STATION, BENGALURU CITY, NOW PENDING ON THE FILE OF THE LEARNED 43RD ADDL CMM (MAYO HALL) BENGALURU FOR THE OFFENCE PUNISHABLE U/S 498 A IPC.
In Crl.P.No.8528/2021:
BETWEEN
PETITIONERS 1 AND 2 ARE R/AT NO.7/12, SRI RAM AVENUE, LAKSHMANAPURAM, 1ST CROSS, COIMBATORE - 641 037.
... PETITIONERS
[BY SMT. LATHA SHETTY, ADVOCATE]
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AND
... RESPONDENTS
[BY SRI. ROHIT B.J., HCGP FOR R1; SRI. K.A.CHANDRASHEKARA, ADVOCATE FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.240/2021 OF MAHADEVAPURA P.S., DATED 21.09.2021 FOR THE OFFENCE P/U/S 341, 323, 504, 506, 34 OF IPC PENDING BEFORE THE 29TH A.C.M.M. COURT AT BENGALURU
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
In Crl.P.No.3092/2022:
The petitioners are before this Court calling in question proceedings in Crime No.196/2021 registered for offence punishable under Section 498A of the IPC in Crl.P.No.3092/2022.
“1. The above petition has been filed by the
petitioner named above praying this Hon’ble Court be pleased to quash the registration of FIR in crime No 196/2021 of Mahadevapura Police Station, Bengaluru City, now pending on the file of the Learned 43rd Addl., CMM [Mayohall], Bengaluru for the offence punishable under section 498-A IPC. It is prayed that this Hon’ble Court may be pleased to read the grounds urged in the
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memorandum petition along with this application to avoid repetition.
2. Marriage with the complainant/respondent No 1 herein took place on 20/02/2020. There were some differences of opinion between petitioner and the respondent No 1 herein and there was basic incompatibility in their matrimonial life. Their marriage is a failure one. At the instance of elders and wellwishers now petitioner and the respondent No 1 herein have settled their dispute amicably and entered in to a memorandum of settlement in CRL.P.No 8528/2021 on the file of this Hon’ble Court and also in M.C.No.1752/2022 on the file of the Hon’ble II Addl., Principal Family Judge at Bengaluru which was a joint petition filed by the petitioner and the respondent No 1 herein and the same was allowed in terms of settlement entered between petitioner and the respondent No 1 herein before Mediation Centre, Bengaluru, accordingly the petitioner herein paid a sum of Rs 11 [eleven] lakhs towards permanent alimony in
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favour of the respondent No 1 herein as hereunder. Cash of Rs 4 [four lakh by way of cash] which was paid earlier has been acknowledged by the respondent No 1herein and Rs 3.5 [Three lakh fifty thousand] by way of demand draft bearing No798148 drawn on Kotak Mahindra Bank, Bengaluru dated 04/03/2022 before the Hon’ble family court in M.C.No.1752/2022 on the file of the Hon’ble II Addl., Principal Family Judge at Bengaluru and the petitioner herein paid remaining amount of Rs 3.5 [Three lakh fifty thousand] by way of demand draft bearing No798149 drawn on Kotak Mahindra Bank, Bengaluru dated 04/03/2022 before this Hon’ble Special Court to hear Domestic Violence cases at Coimbatore on 19/04/2022 and the marriage dated 20/02/2020 took place between the petitioner and the respondent No 1 herein was dissolved M.C.No.1752/2022 on the file of the Hon’ble II
Addl., Principal Family Judge at Bengaluru. The petitioner and the respondent No 1 herein have
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exchanged their respective articles before the Hon’ble
Family court at Bengaluru.
7. That in view of the special circumstances of the case as stated supra, it is absolutely necessary to quash the registration of Fir in crime No 196/2021 of Mahadevapura Police Station, Bengaluru City, now pending on the file of the Learned 43rd Addl., CMM [Mayohall], Bengaluru for the offence punishable under section 498-A IPC against the petitioner herein.”
In light of the settlement arrived at between the parties as afore-quoted, I pass the following:
ORDER
i. Criminal Petition stands disposed. ii. Proceedings against the petitioners in Crime No.196/2021, stands quashed.
In Crl.P.No.8528/2022:
In view of the settlement arrived at between the parties in the companion petition i.e., Crl.P.No.3092/2022, this petition also stands disposed and proceedings pending in
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C.C.No.50840/2022 before the XLIII Additional CMM Court,
[Mayohall], Bengaluru, stands quashed.
Sd/JUDGE
SJK
2 issues framed by the court
Whether the FIR registered under Section 498A IPC should be quashed in light of a settlement arrived between parties
Whether the FIR registered under Sections 341, 323, 504, 506, 34 IPC should be quashed given adjoining settlement in companion petition
3 provisions across 2 enactments
Yogananda B
T.K.Rajeswari
State of Karnataka
T.C. Karunanithi Pillai
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
