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Sri Venkatareddy Kommepalli Venkatareddy v. the State of Karnataka

Karnataka HC23 Jun 2023CRL.P/101181/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition under Section 482 Cr.P.C. seeking to quash FIR and complaint for offences related to Dowry Prohibition Act and IPC. The court noted a settlement between the petitioner and petitioner No.2, involving divorce decree acceptance and payment of ₹50 lakh, and ordered quashing of proceedings.

What did the court decide?

Criminal petition disposed off; impugned proceedings in C.C.No.539 of 2021 stand quashed qua the petitioner.

Sri Venkatareddy Kommepalli Venkatareddy Vs the State of… — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC-D:6276 CRL.P No. 101181 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 101181 OF 2023

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BETWEEN

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SRI. VENKATAREDDY @ KOMMEPALLI VENKATAREDDY S/O VENKATARAMANA REDDY AGED ABOUT 36 YEARS OCC: EMPLOYED, R/O 805 FOX SPRING, DR. APT #C CHESTERFIELD, MISSOURI U.S.A – 63017.

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...PETITIONER

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(BY SRI S.A.SONDUR, ADOVOCATE FOR SRI K.L.PATIL, ADVOCATE)

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AND

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K M SOMASHEKAR Digitally signed by K M SOMASHEKAR Location: DHARWAD Date: 2023.07.06 16:02:48 -0700

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1 . THE STATE OF KARNATAKA

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THROUGH BALLARI WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH.

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2 . SMT. NANDINI

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W/O VENKATA REDDY AGED ABOUT 32 YEARS OCC: SOFTWARE ENGINEER R/O LIG 77, HOUSING BOARD NETAJI NAGAR, TALUK AND DISTRICT

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2 - NC: 2023:KHC-D:6276 CRL.P No. 101181 of 2023

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BALLARI – 583 101.

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…RESPONDENTS

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(BY SRI. MAHESH SHETTY, HCGP FOR R-1; SRI. VYAS DESAI, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SEC. 482 OF CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT IN BALLARI WOMEN POLICE STATION CRIME NO. 01/2021 WHICH IS NUMBERED AS C.C.NO. 539/2021 ON THE FILE OF IV ADDL. CIVIL JUDGE AND J.M.F.C. BALLARI, FOR OFFENCES P/U/SEC. 498A, 504, 323, 506 R/W SEC. 34 OF I.P.C. AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, SO FAR AS THE PRESENT PETITIONER/ ACCUSED NO.1 IS CONCERNED.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question the proceedings in C.C.No.539 of 2021 (Crime No.1 of 2021) for the offences punishable under Sections 498A, 504, 323, 506 r/w Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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This Court, in terms of its order dated 10-02-2022, had rejected the criminal petition insofar as accused No.1/husband. After the dismissal of the petition and during

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3 - NC: 2023:KHC-D:6276 CRL.P No. 101181 of 2023

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the pendency of the trial before the concerned Court, the husband and the wife have now settled the dispute amongst themselves and have drawn up certain conditions of said settlement wherein the marriage between the petitioner and the 2^nd respondent is dissolved. The conditions insofar as it pertains to the present proceedings, read as follows:

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a. The Petitioner herein accepts the Decree of Divorce and acknowledge dissolution of her marriage with respondent No.2 vide Order dated: 19/05/2021 passed by the Circuit Court of St.Louis Country, Missouri and further agrees to withdraw the resent Writ Petition filed challenging the said Divorce Decree.

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b. The Respondent No.2 has agreed to pay an amount of Rs.”Fifty Lakhs Only” by way of D.D towards permanent alimony and also towards full and final settlement of all her claims and disputes amongst themselves.

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c. The petitioner will not have any other rights whatsoever in properties either movables or immovables.

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d. The Petitioner has agreed for quashing of entire proceedings in C.C. No.539/2021 on the file of IV Addl. Civil

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4 - NC: 2023:KHC-D:6276 CRL.P No. 101181 of 2023

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Judge and J.M.F.C., Ballari, for offence punishable under Sections 498-A, 504, 323, 506 R/w. Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act, as against her husband Respondent No.2 is concerned.”

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In furtherance of the settlement, 6 demand drafts are drawn, 5 demand drafts of Rs.9,00,000/- each and 1 demand draft of Rs.5,00,000/-, all dated 21.06.2023, totally amounting to Rs.50,00,000/- and the same are handed over to the wife in the presence of the learned counsel for the 2^nd respondent/wife and the receipt of which is acknowledged.

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In the light of the conditions of compromise being

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fulfilled and the acceptance of such compromise, I deem it appropriate to obliterate the proceedings against the petitioner. For the aforesaid reasons, the following:

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ORDER

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(i) Criminal Petition is disposed.

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5 - NC: 2023:KHC-D:6276 CRL.P No. 101181 of 2023

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(ii) Impugned proceedings in C.C.No.539 of 2021 pending on the file of IV Additional Civil Judge and JMFC, Bellary stand quashed qua the petitioner.

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Sd/JUDGE

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BKP List No.: 19 Sl No.: 2 CT:SS

Sri Venkatareddy Kommepalli Venkatareddy v. the State of Karnataka

Case brief

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Sri Venkatareddy Kommepalli Venkatareddy v. the State of Karnataka

Case brief

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