Allowed

Sri. Kiran Kumar v. State of Karnataka

Karnataka HC9 Jun 2023CRL.P/1923/2018

Case brief

AI extract

What is this about?

Petitioner filed a criminal petition under Section 482 CrPC seeking quashing of a charge sheet for dowry harassment and cruelty. The High Court allowed the petition, quashed the charge sheet, and disposed of pending applications based on a settlement agreement between the spouses and an undertaking to file for divorce by mutual consent.

What did the court decide?

The charge sheet pending in Crime No.389/2015 is quashed; pending interlocutory applications are disposed of.

Sri. Kiran Kumar Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC:19849 CRL.P No. 1923 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1923 OF 2018

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BETWEEN:

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SRI. KIRAN KUMAR S/O KUMARAN AGED ABOUT 38 YEARS, R/O NO.41, MEG OFFICERS COLONY BANASWADI MAIN ROAD BENGALURU-560033

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…PETITIONER

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(BY SRI. VENUGOPAL M S, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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KRISHNARAJAPURA POLICE STATION BENGALURU-560036 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-1

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SMT TANISHI GARUDESHWARAN W/O KIRAN KUMAR AGED ABOUT 35 YEARS, C/O D R GOWDA, NO.2, VIRGAO NAGAR POST MANJUANTHA LAYOUT MEDAHALLI MAIN ROAD BANGALORE-560049

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…RESPONDENTS

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(BY SRI.VINAYAKA.V.S, HCGP FOR R1;

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2 - NC: 2023:KHC:19849 CRL.P No. 1923 of 2018

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SRI.SHREYAS.B.S & RAMESH.U, ADVOCATES FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET FILED BY 1ST RESPONDENT POLICE IN CRIME NO.389/2015 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SEC 498A OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT, ON THE FILE OF X ACMM, MAYO HALL, BANGALORE BY ALLOWING THIS PETITION.

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

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ORDER

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The captioned petition is filed by husband seeking quashing of charge sheet filed in Crime No.389/2015 for the offence punishable under Section 498A of IPC read with Sections 3 and 4 of Dowry Prohibition Act, 1961.

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The petitioner while seeking quashing of the proceedings has placed on record memorandum of settlement entered into between the petitioner/husband and the respondent No.2/wife in Crl.Misc.No.168/2015. Under the memorandum of settlement, the petitioner and respondent No.2 have arrived at an agreement that they will dissolve the marriage by mutual consent by filing a separate petition under Section 13(b). The

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3 - NC: 2023:KHC:19849 CRL.P No. 1923 of 2018

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petitioner/husband has agreed to pay Rs.6,00,000/- to the respondent No.2/wife towards full and final settlement. The respondent No.2/wife has also given an undertaking that she will fully co-operate with the petitioner/husband to get the criminal proceedings pending in Crl.Misc.No.168/2015 quashed at the appropriate forum.

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In the light of memorandum of settlement entered into between the petitioner/husband and respondent No.2/wife, I am of the view that the charge sheet pending in Crime No.389/2015 is liable to be quashed. Though the offences are found to be noncompoundable, however, they are found to be private in nature and do not have a serious impact on Society. If there is an amicable settlement between petitioner/husband and respondent No.2/wife, I am of the view that the petitioner/husband is entitled for relief at the hands of this Court. This Court is also of the view that petitioner in the light of amicable settlement cannot be

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NC: 2023:KHC:19849 CRL.P No. 1923 of 2018

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subjected to criminal trial which, in all probability, amounts to abuse of process.

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For the reasons stated supra, I pass the

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following:

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ORDER

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(i) The criminal petition is allowed;

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(ii) The charge sheet pending in Crime No.389/2015 on the file of X ACMM, Mayohall, Bengaluru City is quashed;

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(iii) The pending interlocutory applications, if any, does not survive for consideration and stands disposed of.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 27

Sri. Kiran Kumar v. State of Karnataka

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Sri. Kiran Kumar v. State of Karnataka

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