Criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C.No.4835/2020 for offences under Section 498-A IPC and DP Act. Court quashed proceedings based on a settlement承认 closure of pending cases.
Proceedings in C.C.No.4835/2020 pending before 32nd ACMM, Bengaluru, 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 2ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.977 OF 2022
BETWEEN
ALL ARE R/AT NO.4092, 4TH TOWER 9TH FLOOR, PRESTIGE APARTMENT RAJARAJESWARI NAGAR BENGALURU – 560 098
... PETITIONERS
[BY SRI. DAYANAND HIREMATH, ADV.]
AND
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... RESPONDENTS
[BY SRI. K.S. ABHIJITH, HCGP FOR R1; SRI. R.BALAJI, ADV. FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4835/2020 PENDING ON THE FILE OF THE LEARNED 32nd ADDITIONAL CMM COURT NRUPATUNGA ROAD, BENGALURU CITY FOR THE OFFENCE P/U/S.498-A, 34 OF IPC R/W SEC.3 AND 4 OF DP ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition calls in question the proceedings in C.C.No.4835/2020, registered for offences punishable under Sections 498A read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
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cases pending between them, as they have come together again. The settlement insofar as it germane to the present lis , reads as follows:
“10. In view of this happy reunion, the petitioner have agreed to withdraw/close/quash the following cases filed against the 1st respondent:-
a) Crl.Misc.No.169/2019 which is pending before MMTC-III, Bengaluru.
b) C.C.No.4835/2020 which is pending before XXXII ACMM, Bengaluru.
c) Crl Misc No.588/2018 which is pending before II Addl. Prl Judge Family Court, Bengaluru.
11. In view of this happy reunion, the respondent have agreed to withdraw M.C.No.475/2020 which is pending before I Addl. Prl Judge Family Court, Bengaluru.”
between the parties and the offences not being against the Society or the State, the proceedings in C.C.No.4835/2020 pending on the file of the XXXII
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Additional Chief Metropolitan Magistrate Court,
Nrupatunga Road, Benglauru City, stand quashed.
The criminal petition stands disposed.
In view of the disposal of the main petition, I.A.No.1/2022 also stands disposed.
Sd/JUDGE
KG
1 issue framed by the court
Whether the proceedings in C.C.No.4835/2020 concerning matrimonial offences can be quashed in light of a settlement reached between parties.
3 provisions across 3 enactments
Sri Rajeev Gopal S/O Gopal Shetty
Sri Gopal Shetty G S/O Late Govinda Shetty
Smt. Indramma K V W/O Hanuman Singh
State of Karnataka
Smt. Ashwini D K W/O Rajeev Gopal
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
