Petitioners sought quashing of criminal proceedings under Sections 498A IPC and Dowry Prohibition Act. The Court noted a Joint Memo of Settlement between parties. Being Section 498A offences not against the State, the proceedings were quashed.
Joint Memo of Settlement recognized; proceedings in C.C. No. 54833/2020 quashed qua petitioners.
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.
CRL.P No. 3862 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3862 OF 2022
BETWEEN:
W/O LATE MUNIRAJU
AGED ABOUT 59 YEARS.
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
PETITIONERS NOS.1, 2 AND 4 ARE R/AT NO.33, 2ND MAIN, 5TH CROSS D.BASAVALINGAPPANAGAR SAMPIGEHALLI, YELANKA BENGALURU – 560 064.
CRL.P No. 3862 of 2022
MADHUGIRI(T) TUMAKURU DISTRICT.
…PETITIONERS
(BY SRI BALU P., ADVOCATE)
AND:
BENGALURU REPRESENT STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU – 560 001.
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1; SMT.SHIPRA DAS., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 54833/2020 PENDING ON THE FILE OF THE LEARNED X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT (MAYO HALL) AT BENGALURU, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 498A, 323, 504, 506 AND 34 OF IPC AND 3 AND 4 OF THE D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 3862 of 2022
ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.54833/2020 for the offences punishable under Sections 504, 506, 498A, 323 and 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
“TERMS REGARDING CASES:
4. The parties shall file a Joint Memo of Settlement and Joint Affidavit in Crl. P 3862/2022, pending before this Hon'ble Court, praying to quash the entire proceedings in C.C.No.54833/2020 pending on the file of the learned X Additional Chief Metropolitan Magistrate Court (Mayo Hall) at Bengaluru, in terms of the Joint Memo and Affidavit of Settlement.
5. The parties agree to file a Joint Memo of Withdrawal in MC. No. 991/2020, pending before the Hon'ble VI Additional Principal Judge, Family Court, Bengaluru.
6. The parties agree to file a petition seeking decree of divorce through mutual consent in the Family Courts of Bengaluru, at the earliest.
OTHER TERMS:
CRL.P No. 3862 of 2022
7. The parties have no claims against each other relating to alimony, maintenance, or any claim on moveable or immoveable property, past, present and future.
8. The parties agree that they shall not interfere with each other's lives or the lives of their families.
9. There is no force, fraud, undue influence, or collusion between the parties and there is no impediment for this Hon'ble Court to quash the entire proceedings in C.C.No.54833/2020 pending on the file of the learned X Additional Chief Metropolitan Magistrate Court (Mayo Hall) at Bengaluru.
10. The parties are accordingly presenting this Joint Memo of Settlement before this Hon'ble Court.”
ORDER
CRL.P No. 3862 of 2022
Magistrate, Bengaluru shall stand quashed qua the petitioners.
Sd/JUDGE
BKP
2 issues framed by the court
Whether the proceedings under Section 498A IPC and Dowry Prohibition Act should be quASHed in view of a settlement between the parties.
Whether Section 498A IPC offences are against the State or Society, thereby making them suitable for quashing upon settlement.
9 provisions across 3 enactments
Ganesh M.
Jayamma.
Vathsala.
Jyothi.
The State of Karnataka
Chaitra D.
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
