The Court disposed of two criminal petitions, one under CrPC 482, after finding that the parties had arrived at a settlement regarding the underlying matrimonial discord and claims.
Proceedings in C.C.No.11782/2020 and Crl.Misc.No.67/2020 were 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, 15TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION NO.7010 OF 2020
C/W
CRIMINAL PETITION NO.323 OF 2021
IN CRIMINAL PETITION NO.7010 OF 2020
BETWEEN:
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KRISHNAGIRI 635 001 TAMIL NADU.
... PETITIONERS
(BY SRI S.G. BHAGAVAN, ADVOCATE)
AND:
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WOMEN’S POLICE STATION, BASAVANAGUDI, WEST ZONE, BENGALURU – 560 070
... RESPONDENTS
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11782/2020 PENDING IN THE COURT OF THE 37TH ACMM, BANGALORE FOR THE OFFENCE P/U/S 498A, 506 OF IPC AND SEC.3, 4 OF D.P ACT.
IN CRIMINAL PETITION NO.323 OF 2021
BETWEEN:
ALL RESIDING AT: “DEVI NILAYA”. 2/55-C6, KOVIL STREET, BERIGAL – 635 001 (KRISHNAGIRI DISTRICT - TAMIL NADU).
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AGED 38 YEARS, NO.28, 4TH BLOCK, KALAPPA LAYOUT, DODDABOMMASANDRA, VIDYARANYAPURA, BENGALURU – 560 097.
... PETITIONERS
(BY SRI. S.G. BHAGAVAN, ADVOCATE)
AND:
MRS. SHEETAL RAJPUT, AGED 28 YEARS, NO.46, 6TH CROSS, CENTRAL EXCISE LAYOUT, SANJAYANAGAR, BENGALURU – 560 094.
... RESPONDENT
(BY SRI. G. DESU REDDY, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.67/2020 PENDING ON THE COURT OF THE II-MMTCII BANGALORE, FILED U/S 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Criminal Petition No.7010/2020 calls in question the
proceedings initiated in C.C.No.11782/2020, pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru,
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for the offences punishable under Sections 498A and 506 of IPC
and Sections 3 and 4 of the Dowry Prohibition Act, 1961, whereas, Criminal Petition No.323/2021 calls into question the proceedings in Crl.Misc.No.67/2020, pending on the file of MMTC – II, Bengaluru, for the offences punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
XXXXXXXXXXXXXXXXXXX
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7. In view of this settlement agreement, the parties hereby agreed to appear before the Hon’ble High Court of Karnataka, Bengaluru in Crl. P. No. 323/2021 and Crl. P. No. 7010/2020 arising out of Crl. Misc. No. 67/2020 pending on the file of MMTC-lI, Bengaluru and in C.C. No. 11782/2020 pending before the 37th ACMM, Bengaluru respectively and to cooperate with each other for closure of the above mentioned petitions.
8. The petitioner has agreed to pay a sum of Rs. 11,00,000/- (Rupees Eleven Lakhs Only) to the respondent towards all her claims of maintenance/ permanent alimony as full and final settlement by way of D.D.No. 263073 dated 17.03.2022 drawn on Indian Bank, Berigai Branch, Krishnagiri Distirict, Tamilnadu and the same will be handed over to the respondent before the Hon’ble Court at the time of reporting settlement.
9. The respondent has agreed to bear entire educational other incidental expenses of the minor son without any further demand of money from the petitioner.”
In the light of the settlement arrived at between the parties, acceptance for closure of the cases between them and as the allegations are not against the State, I deem it appropriate to obliterate the proceedings pending in C.C.No.11782/2020 and Crl.Misc.No.67/2020.
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ORDER
(ii) The proceedings in C.C.No.11782/2020, pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru and Crl.Misc.No.67/2020, pending on the file of MMTC – II, Bengaluru, against the petitioners, stand quashed.
Sd/JUDGE
nvj CT:MJ
1 issue framed by the court
Whether criminal proceedings initiated under IPC and DP Act should be quashed in light of a reached settlement between parties.
Harshavardhan Singh and others
Sheetal Rajput and others
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
