Allowed

Sri. Yeshwanth M v. State of Karnataka

Karnataka HC5 Oct 2023CRL.P/2702/2023

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under Sections 498A, 504, and 506 IPC, allowing the petitioners to file a composite restitution petition. The dispute was amicably resolved via mediation resulting in mutual divorce, alimony payment, and the complainant's consent.

What did the court decide?

The Criminal Petition allowed and impugned proceedings in C.C.No.13160/2019 before the V Additional Chief Metropolitan Magistrate, Bengaluru stood quashed.

Sri. Yeshwanth M Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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1 - NC: 2023:KHC:36096 CRL.P No. 2702 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 2702 OF 2023

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BETWEEN:

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SRI. YESHWANTH M AGED ABOUT 30 YEARS S/O SRI L MAHADEV.

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SRI L MAHADEV AGED ABOUT 67 YEARS S/O LATE LAKSHMIAH.

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SMT NEELAVENI AGED ABOUT 50 YEARS W/O SRI L MAHADEV.

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SRI YATISH M AGED ABOUT 30 YEARS S/O SRI L MAHADEV.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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ALL ARE R/AT NO.121, ISIRI 4TH CROSS, 9TH BLOCK VINAYAKA LAYOUT, NAGARABHAVI II STAGE, BANGALORE-560 072.

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(BY SMT. VASANTHA LAKSHMI H V, ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA BY ANNAPOORNESHWARI POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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MRS R MONICA AGED ABOUT 29 YEARS D/O M P RAMESH R/A NO.356/A, 1ST FLOOR 6TH MAIN, BEL III BLOCK

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NC: 2023:KHC:36096 CRL.P No. 2702 of 2023

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VAISHNAVI LAYOUT, VIDYARANYAPURA BENGALURU-560 097.

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…RESPONDENTS

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(BY SRI. M R PATIL, HCGP FOR R-1;

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SRI. K VARAPRASAD, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 13160/2019 PENDING BEFORE THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 504, 506 READ WITH 34 OF IPC.

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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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Petitioners-accused are sought to be prosecuted for the offences punishable under Section 498A 504, 506 r/w 34 of IPC.

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The case of the prosecution is that, petitioners herein subjected the defacto complainant to cruelty, both mentally and physically, and also abused her in a filthy language.

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The parties are present before this Court and the petitioners have annexed the memorandum of settlement under Section 89 of Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, which discloses that the accused No.1 had filed a petition in MC.No.3282/2019 for dissolution of his marriage with the defacto-complainant on the ground of cruelty and the matter was referred to the Mediation Centre, Bengaluru to explore the possibility of settlement between the parties.

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3 - NC: 2023:KHC:36096 CRL.P No. 2702 of 2023

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The parties before the Mediation Centre amicably resolved the dispute among themselves, and in terms of the settlement, the marriage of accused No.1 with the defacto– complainant has been dissolved mutually, and a sum of Rs.10 Lakh is paid towards permanent alimony to the defactocomplainant and further the respondent No.2 has stated that she has no objection for quashing the impugned proceedings.

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Though the offences alleged against the petitionersaccused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following:

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ORDER

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i. The Criminal Petition is allowed;

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ii. The impugned proceedings in C.C.No.13160/2019 pending on the file of the V Additional Chief Metropolitan Magistrate, Bengaluru stands quashed.

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Sd/JUDGE

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Sri. Yeshwanth M v. State of Karnataka

Case brief

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Sri. Yeshwanth M v. State of Karnataka

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