The Court quashed criminal proceedings in C.C.No.50058/2021 for offences under Sections 498A, 504, and 506 IPC. The petitioners and the second respondent reconciled and resumed living together, rendering conviction remote and the proceedings an abuse of process.
Criminal Petition allowed and impugned proceedings in C.C.No.50058/2021 are hereby 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3583/2021
BETWEEN :
BOTH ARE RESIDING AT NO.32C
3RD FLOOR, LEGASI ARISTON APARTMENT
5TH MAIN ROAD, MAHALAKSHMI LAYOUT ANANTHAPURA BENGALURU-560064 ......PETITIONERS
(BY SRI. MOHAN KUMAR, ADVOCATE FOR P1 & P2)
AND :
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R/AT NO.46, 4TH CROSS VINAYAKA NAGAR, VIRGO NAGAR MEDAHALLI, BENGALURU-49 …..RESPONDENTS
(BY SRI. ABHIJITH K.S., HCGP FOR R1 SRI. S.K. PRABHAKARA SHETTY, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.50058/2021 FOR ALLEGED OFFENCES P/U/S 498A,504 AND 506 R/W 34 OF IPC PENDING ON THE FILE OF X ADDL.C.M.M., MAYOHALL, BENGALURU ARE PRODUCED AS ANNEXURE-A AND ETC.,
THIS CRIMINAL PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed challenging the proceeding in C.C.No.50058/2021 for the offences punishable under Sections 498A, 504, 506 read with Section 34 of IPC.
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ORDER
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In view of the disposal of the petition, I.A.No.1/2022
stands disposed of.
Sd/JUDGE
JT/-
1 issue framed by the court
Whether the proceedings under Sections 498A, 504, and 506 IPC should be quashed upon amicable settlement and reunification of parties.
2 provisions across 2 enactments
SRI. ANANT G N S/O LATE G V NAGARAJ
SMT. MEENAKSHI W/O LATE G V NAGARAJ
STATE OF KARNATAKA
SMT. DIVYSHRI D/O VITTAL BHAT
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
