Allowed

Amit Bhadoria v. State of Karnataka

Karnataka HC7 Aug 2023CRL.P/293/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition filed under Section 482 CrPC to quash proceedings in a matrimonial dispute. The petitioners and the respondent wife were parties to a domestic dispute, but they had amicably settled the matter and agreed to reunite. The Court held that continuing the investigation would be an abuse of the process of law.

What did the court decide?

The impugned proceedings in Crime No. 16242/2021 before the VI Additional Chief Metropolitan Magistrate, Bangalore, were quashed.

Amit Bhadoria Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:27699 CRL.P No. 293 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 293 OF 2022

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BETWEEN:

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SRI. AMIT BHADORIA, SON OF SRI. RAMJI LAL, AGED ABOUT 40 YEARS, RESIDING AT NO.211, 6TH MAIN, 2ND CROSS, DEFENCE COLONY, VINAYAKA NAGAR, YEHLANKA, BENGALURU - 560 063.

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SRI. RAMJI LAL, SON OF PYARE LAL, AGED ABOUT 63 YEARS, RESIDING AT MOHAKAMPUR, DUNAI, ALIGARH, UTTAR PRADESH - 202 140.

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

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SMT. SAROJ, WIFE OF SRI. RAMJI LAL, AGED ABOUT 61 YEARS, RESIDING AT MOHAKAMPUR, DUNAI, ALIGARH, UTTAR PRADESH - 202 140.

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SMT. POONAM SINGH, WIFE OF SRI. RAJENDRA SINGH, AGED ABOUT 38 YEARS, RESIDING AT A -289, SANJAY COLONY, OKHLA PHASE - 2, OKHLA INDUSTRIAL ESTATE, SOUTH DELHI, DELHI - 110 020.

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NC: 2023:KHC:27699 CRL.P No. 293 of 2022

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SMT. PINKY DEVI, WIFE OF GANESH SINGH P. O., AGED ABOUT 34 YEARS, RESIDING AT KHUBRIYAPUR TEHSIL, CHHOBRAMAU, MATHIYA NAGLA, KANNAUJ, UTTAR PRADESH - 209 721.

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…PETITIONERS

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(BY SRI. CHETAN TAYAL, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION, SHIVAJI NAGAR, BENGALURU - 560 001.

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MRS. NISHA SINGH, WIFE OF MR. AMIT BHADORIA, AGED ABOUT 34 YEARS, RESIDING AT NO.211, 6TH MAIN, 2ND CROSS, DEFENCE COLONY, VINAYAKA NAGAR, YEHLANKA, BENGALURU - 560 063.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, HCGP FOR R1; SMT. S. CHAMPOO KAVYA, ADVOCATE FOR, DR. SUNIL SHASTRY, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED FIR, COMPLAINT (ANNEUXRE "A" AND "B") AND THE ENTIRE PROCEEDINGS IN C.C.NO.16242/2021 (ANNEUXRE-C) PENDING BEFORE THE HONBLE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE ARISEN OUT OF CR.NO.21/2021 BEFORE THE EAST ZONE WOMEN

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3 - NC: 2023:KHC:27699 CRL.P No. 293 of 2022

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POLICE STATION i.e. RESPONDENT NO.1 FOR THE OFFENCE P/U/S 498(A), 323, 504, 506 R/W 34 OF INDIAN PENAL CODE.

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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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Petitioners who are sought to be prosecuted for the offences punishable under Section 498-A, 323, 504, 506 R/w 34 of IPC are before this court.

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It is the case of prosecution that accused No.1 is the husband, accused Nos.2 and 3 are the parents-inlaw and accused Nos.4 and 5 who are the sisters-in-law, have subjected the defacto complainant with cruelty.

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The parties are before this court and have filed a joint affidavit stating that accused No.1 and respondent No.2, after having agreed to reunite, are staying together for the past one year and respondent No.2 has no objection for quashing the impugned first information report.

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Though the offences alleged against the petitioner/accused are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be a futile exercise, if the petitioners are subjected to investigation, since the probability of the police files

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4 - NC: 2023:KHC:27699 CRL.P No. 293 of 2022

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charge sheet is remote and bleak in view of the settlement. Hence, the continuation of investigation will be an abuse of process of law. Accordingly, I pass the following.

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ORDER

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Criminal Petition is allowed.

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The impugned proceedings in Crime No.16242/2021 on the file of VI Additional Chief Metropolitan Magistrate at Bangalore is hereby quashed.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 67 CT: AVB

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NC: 2023:KHC:27699 CRL.P No. 293 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU [AMIT BHADORIA AND OTHERS VS. STATE OF KARNATAKA AND ANOTHER]

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HCJ

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31.08.2023 (VIDEO CONFERENCING / PHYSICAL HEARING)

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ORDER ON FOR 'BEING SPOKEN TO'

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In the Operative portion of the order dated 07.08.2023 in the last paragraph instead of Crime No.16242/2021 , the same to be read as C.C.No.16242/2021 on the file of VI Additional Chief Metropolitan Magistrate, Bangalore.

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In the unnumbered paragraph at page No.3 instead of "it would be a futile exercise, if the petitioners are subjected to investigation, since the probability of the police files charge sheet is remote and bleak " the same may be read as "it would be a futile exercise, if the petitioner-accused is subjected to trial and it would be an abuse of process of law, if the criminal proceedings is allowed to be continued against the petitioneraccused, since the possibility of the conviction of the petitioneraccused is remote and bleak."

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This order to be read in conjunction with the order dated 07.08.2023.

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Sd/JUDGE

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RKA List No.: 1 Sl No.: 26

Amit Bhadoria v. State of Karnataka

Case brief

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Amit Bhadoria v. State of Karnataka

Case brief

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