Allowed

Sri. Raghuram Reddy v. State of Karnataka

Karnataka HC11 Sept 2023CRL.P/3396/2023

Case brief

AI extract

What is this about?

Criminal petition filed to quash proceedings against petitioners charged with offences under Section 498A IPC and Dowry Prohibition Act. Court allowed petition and quashed proceedings based on amicable settlement and reconciliation. Continuing trial deemed an abuse of process of law due to remote probability of conviction.

What did the court decide?

Criminal petition allowed; Impugned proceedings in C.C.No.31093/2018 pending before 39th A.C.M.M., Bengaluru quashed.

Sri. Raghuram Reddy Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:32728 CRL.P No. 3396 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 3396 OF 2023

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BETWEEN:

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SRI. RAGHURAM REDDY S/O PAPI REDDY, AGED ABOUT 33 YEARS, R/AT BUDADIMITTE VILLAGE, BANGARAPETE TALUK, KOLAR DISTRICT.

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SRI. PAPI REDDY S/O LATE GANTLAREDDY AGED ABOUT 60 YEARS, R/AT BUDADIMITTE VILLAGE, BANGARAPETE TALUK, KOLAR DISTRICT.

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Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka

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SMT. KANTHAMMA W/O PAPI REDDY, AGED ABOUT 54 YEARS, R/AT BUDADIMITTE VILLAGE, BANGARAPETE TALUK, KOLAR DISTRICT.

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…PETITIONERS

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(BY SRI. J. HEMA CHANDIRAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY SUBRAMANYA NAGAR POLICE STATION REP. BY ITS SSP HIGH COURT BUILDING BENGALURU.

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SMT. N. CHANDRAKALA W/O RAGHURAMA REDDY

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NC: 2023:KHC:32728 CRL.P No. 3396 of 2023

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AGED ABOUT 28 YEARS, R/AT NO.3829, 5TH CROSS, GROUND FLOOR, SUBRAMANYA NAGAR, BENGALURU.

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…RESPONDENTS

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(BY SRI. M.R. PATIL, HCGP FOR R-1; SMT. N. ARUNA, 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 ALLOW THE INSTANT PETITION AND TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.31093/2018 PENDING ON THE FILE OF HON'BLE 39TH A.C.M.M., BENGALURU AT ANNEXURE-C AND ETC.

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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 petitioners are sought to be prosecuted for the offence punishable under Section 498A IPC and 4 of Dowry Prohibition Act.

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The case of the prosecution is that, accused No.1 husband, accused Nos.2 and 3 parents-in-laws subjected the defecto-complainant to cruelty both, mentally and physically, and also a demand was made to bring money from her parental home.

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The parties are present before this Court and have filed the application under Section 320 r/w Section 482 of the Criminal Procedure Code, 1973 for compounding of the offence, stating that, the parties have amicably resolved the dispute among themselves, and in terms of the settlement, the defacto complainant has reunited with her husband and leading a

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NC: 2023:KHC:32728 CRL.P No. 3396 of 2023

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cordial marital life and further she has no objection for quashing the impugned proceedings against the petitioners.

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The application is placed on record.

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Though the offence alleged against the petitioners is cognizable and non-compoundable, however, having regard to the fact that, the parties have amicably resolved the disputed among themselves, and the defacto-complainant having no objections for quashing the impugned proceedings, 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.

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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.31093/2018 pending on the file of the 39th Additional Chief Metropolitan Magistrate, Bengaluru stands quashed.

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Sd/JUDGE

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Sri. Raghuram Reddy v. State of Karnataka

Case brief

What is this about?

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Sri. Raghuram Reddy v. State of Karnataka

Case brief

What is this about?

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