Partly allowed

Sri.N.R.v. Vittal v. the State of Karnataka

Karnataka HC15 Jun 2023CRL.P/2089/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Petition under Section 482 Cr.P.C. praying for quashing of proceedings. Relying on an affidavit of compromise filed by parties settling the matrimonial dispute and observing the nature of offences, the Court dismissed the petitions.

What did the court decide?

Criminal Petition disposed; impugned proceedings in C.C.No.26252/2019 quashed qua the petitioners.

Sri.N.R.v. Vittal Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:20653 CRL.P No. 2089 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2089 OF 2023

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BETWEEN:

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SRI. N.R.V.VITTAL S/O VIJAYASHEKARAN, AGED ABOUT 37 YEARS R/AT NO.S-1402

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MEGHANA SHALAINI APARTMENT 100 FEET RING ROAD BANASHANKARI BENGALURU – 560 070.

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Digitally signed by PADMAVATHI B K

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Location: HIGH COURT OF KARNATAKA

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SRI. VIJAYASHEKARAN N. R., S/O LATE RAJAMANIKYAM AGED ABOUT 68 YEARS

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SMT. RAJANI W/O VIJAYASHEKARAN N. R., AGED ABOUT 58 YEARS

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SRI. KIRUBAKARAN S/O LATE RAJAMANIKYAM, AGED ABOUT 71 YEARS,

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PETITIONERS 2 TO 4 ARE R/AT NO. 41, AGSAR BHAVAN VANIVILLAS ROAD

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NC: 2023:KHC:20653 CRL.P No. 2089 of 2023

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BASAVANAGUDI BENGALURU CITY.

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…PETITIONERS

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(BY SRI. K.S.HARISH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER BANASHANKARI POLICE STATION BENGALURU – 560 070. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING -560 001.

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SMT. GEETHA GOVINDA W/O N.R.V.VITTAL, AGED ABOUT 33 YEARS R/AT NO.S-1402. MEGHANA SHALAINI APARTMENT 100 FEET RING ROAD BANASHANKARI BENGALURU – 560 070.

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…RESPONDENTS

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(BY SMT. K.P.YASHODA, HCGP FOR R-1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING THE COMPLIANT, FIR AND CHARGE SHEET FILED IN C.C.NO.26252/2019 U/S.498-A, 323, 504 R/W SEC.34 OF IPC 1860 BEFORE THE CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN RELATION TO THE PETITIONER.

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

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NC: 2023:KHC:20653 CRL.P No. 2089 of 2023

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ORDER

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Petitioners are before this Court calling in question the proceedings in C.C.No.26252/2019 for the offences punishable under Sections 498A, 323 and 504 r/w Section 34 of the IPC pending before the Chief Metropolitan Magistrate, Bengaluru..

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During the pendency of the petition, the parties to the lis have settled the dispute amicably amongst themselves and have filed a joint affidavit of compromise before this Court. The settlement insofar as the present petition is concerned reads as follows:

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“ JOINT AFFIDAVIT

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3. After detailed negotiation and intervention of elder and well wishers from both the parties, the Petitioner No.1 and Respondent No.2 have resolved the dispute amicably.

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4. In view of the settlement, the Respondent No.1 has by withdrawing the allegations in the Complaint consented for quashing of the proceedings in C.C.No.26252/2019 pending on the file of Chief Metropolitan Magistrate at Bangalore.

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5. In view of the settlement, the Petitioner No.1 & Respondent No.2 respectfully pray that this Hon’ble Court may be pleased to quash the proceedings against the Petitioners No.1 to 4 in C.C.No.26252/2019 pending on the file

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4 - NC: 2023:KHC:20653 CRL.P No. 2089 of 2023

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of Chief Metropolitan Magistrate at Bangalore, in the interest of justice and equity.”

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Since the offences alleged against the petitioners is

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punishable under Section 498A, 323 and 504 r/w 34 of the IPC of the IPC, which are not against the State or Society, and also in view of the compromise arrived at between the parties as aforesaid, I deem it appropriate to obliterate the proceedings pending against the petitioners.

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For the aforesaid reasons, the following:

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ORDER

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(i) Criminal Petition is disposed.

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(ii) Impugned proceedings in C.C.No.26252/2019 pending before the Chief Metropolitan Magistrate, Bengaluru stands quashed qua the petitioners.

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Sd/JUDGE

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bkp List No.: 2 Sl No.: 1 CT:SS

Sri.N.R.v. Vittal v. the State of Karnataka

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Sri.N.R.v. Vittal v. the State of Karnataka

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