Allowed

Mr Rama Prasad Varun v. the State of Karnataka

Karnataka HC4 Oct 2023CRL.P/1624/2023

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a criminal petition filed under Section 482 Cr.P.C. to quash proceedings arising from a matrimonial dispute. The court permitted compounding based on the settlement reached through mediation, referencing Gian Singh vs. State of Punjab.

What did the court decide?

Criminal Petition allowed; proceedings in C.C.No.1693/2023 and charge sheet quashed.

Mr Rama Prasad Varun Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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1 - NC: 2023:KHC:35871 CRL.P No. 1624 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 1624 OF 2023

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BETWEEN:

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MR. RAMA PRASAD VARUN, S/O S.V. RAMA PRASAD, AGED ABOUT 28 YEARS, OCC: SENIOR DATA SCIENTIST, M/S. NIELSEN INDIA LIMITED, BARODA - 390 023.

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MRS. V. SUMA @ VENKATASUBBA SASTRI SUMA, W/O S. V. RAMA PRASAD, AGED ABOUT 53 YEARS, OCC: TEACHER, JOY INTERNATIONAL SCHOOL, HYDERABAD - 500 090.

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Digitally signed by MADHUSHREE H Location: High Court of Karnataka

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MR. S. V. RAMA PRASAD @ RAMA PRASAD VENKATESHAH SREEPADA, S/O LATE S. VENKATESIAH, AGED ABOUT 56 YEARS, OCC: STRATEGIC BUSINESS UNIT HEAD, SPARSHA PHARMA INTERNATIONAL PVT. LTD., HYDERABAD - 500 072,

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PERMANENT ADDRESS OF THE PETITIONERS: FLAT NO.202, SRI SAI PRASANNA RESIDENCE, ROAD NO.1-D, VINAYAKA NAGAR,

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2 - NC: 2023:KHC:35871 CRL.P No. 1624 of 2023

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OLD HAFEEZPET, HAFEEZPET, K.V RANGAREDDY, TELANGANA - 500 049. ALSO AT: C/O SRI. K.V. SASTRY, NO.56, VINAYAKA LAYOUT, 4TH CROSS, 6TH MAIN, IMMADIHALLI MAIN ROAD, WHITEFIELD, BENGALURU - 560 066.

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…PETITIONERS

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(BY SRI SOMANATHA H, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, JAYANAGAR SUB DIVISION, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.

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SMT. NAGASHREE, AGED ABOUT 24 YEARS, W/O VARUN RAMAPRASAD, NO.04/96, R V ROAD, BASAVANAGUDI, BENGALURU CITY - 560 004.

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…RESPONDENTS

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(BY SMT. K. P. YASHODHA, HCGP FOR R1; SRI. B. L. NANDA KUMAR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AGAINST THE PETITIONERS / ACCUSED NO.1 TO 3 DATED 13.01.2023, PASSED BY HONBLE XXXVII A.C.M.M., AT BENGALURU IN C.C.NO.1693/2023 FOR THE OFFENCE P/U/S 498A, 504, 323 R/W 34 OF IPC (ANNEXURE-B) AND QUASH THE CHARGE SHEET DATED 07.01.2023 IN C.C.NO.1693/2023 FILED BY THE

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3 - NC: 2023:KHC:35871 CRL.P No. 1624 of 2023

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RESPONDENT NO.1 AGAINST PETITIONERS / ACCUSED NO.1 TO 3 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498-A, 504, 506,, 323 R/W 34 OF IPC PENDING ON THE FILE OF THE XXXVII A.C.M.M., BENGALURU AS PER (ANNEXURE-A).

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THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioners / accused No.1 to 3 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1693/2023 arising out of Crime No.174/2022 of Basavanagudi Women Police Station and charge sheeted for the offences punishable under Sections 498A, 504, 506, 323 r/w 34 of IPC.

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During pendency of this petition, both petitioners and respondent No.1 appeared before the Court through their respective counsel and filed application-I.A.No.2/2023 under Section 320 read with Section 482 of Cr.P.C., seeking permission of this Court for compounding the offences.

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Petitioner No.1 stated to be married respondent No.2 and due to some matrimonial dispute, respondent No.2-wife filed this complaint against the petitioners and charge sheet is also filed. Now both petitioner No.1 and respondent No.2 joined together and they want to lead happy marital life. It is also

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NC: 2023:KHC:35871 CRL.P No. 1624 of 2023

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submitted that previously the matter has been referred to Mediation Centre, wherein they have settled their issues and the mediation settlement report is also filed.

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In view of the fact that the parties have joined together to lead a happy marital life and in view of the judgment of the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 , Court can quash the criminal proceedings when the parties have settled their issues in the mediation. Accordingly, I.A.2/2023 is allowed.

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Consequently, Criminal Petition is allowed .

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The proceedings in C.C.No.1693/2023 arising out of

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Crime No.174/2022 of Basavanagudi Women Police Station and charge sheeted for the offences punishable under Sections 498-A, 504, 506, 323 r/w 34 of IPC is hereby quashed.

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Sd/JUDGE

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MKM List No.: 2 Sl No.: 5 CT: BHK

Mr Rama Prasad Varun v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Rama Prasad Varun v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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