Quashed

Sri. Srinivas Reddy v. State of Karnataka

Karnataka HC22 May 2023CRL.P/3497/2023

Case brief

AI extract

What is this about?

The Court exercised suo motu jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings for matrimonial offences (IPC Sections 498A, 323, 325, 504, 506) following a settled agreement where the parties agreed to the quashing of the case and the dispute had been resolved.

What did the court decide?

The Criminal Petition was disposed and the proceedings in C.C. No.6144/2020 pending before the Additional C.M.M. Court stood quashed.

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

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CRL.P No. 3497 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 3497 OF 2023

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BETWEEN:

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SRI SRINIVAS REDDY, S/O LATE VENKATA REDDY, AGED ABOUT 47 YEARS, RESIDING AT NO.2553, LIG 3^RD STAGE, YELAHANKA NEW TOWN, BENGALURU – 560 064.

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…PETITIONER

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(BY SRI R.S.PRASANNA KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY YELAHANKA NEW TOWN P.S. Digitally signed by PADMAVATHI BENGALURU, B K REPRESENTED BY SPP., Location: HIGH COURT OF HIGH COURT OF KARNATAKA, KARNATAKA BENGALURU.

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SMT. M.R.GAYATHRI, W/O SRI SRINIVAS REDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.2553, LIG 3^RD STAGE, 4^TH MAIN ROAD, YELAHANKA NEW TOWN,

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CRL.P No. 3497 of 2023

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BENGALURU – 560 064.

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…RESPONDENTS

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(BY SRI MAHESH SHETTY., HCGP FOR R-1; SRI PRAJWAL P, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CHARGE SHEET DATED 09.06.2020 AND FIR DATED 29.01.2020 IN CRIME NO.24/2020 BY YELAHANKA NEW TOWN POLICE STATION IN C.C.NO.6144/2020, ON THE FILE OF XXX ADDL. C.M.M. COURT, BANGALORE, FOR THE OFFENCE P/U/S 498(A), 323, 325, 504 AND 506 OF IPC AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

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ORDER

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The petitioner is before this Court calling in question the proceedings in C.C.No.6144/2020 pending before the XXX Additional C.M.M. Court, Bengaluru, registered for the offences punishable under Sections 498A, 323, 325, 504, and 506 of the IPC.

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Learned counsel appearing for the petitioner and respondent No.2 in unison would submit that the parties to the lis have settled their dispute in M.C.No.4863/2019, pending before the concerned Court and now they have parted ways with. The conditions of the settlement includes the closure of

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CRL.P No. 3497 of 2023

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the matrimonial proceedings impugned in the subject petition. Respondent No.2 – complainant has also filed an affidavit acknowledging the closure of the proceedings and the conditions of closure of the proceedings in the settlement between her and the petitioner.

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The settlement insofar it narrates the closure of the

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present proceedings reads as follows:

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“7. The Respondent/wife has agreed to withdraw the cases in:-

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a) Execution Case 76/2022 and Execution Case 156/2021 on the file of 1^st Additional Family Court, Bangalore.

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b) Crl. Misc. 73/2019 filed under D.V. Act pending before VI MMTC Bangalore.

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8. That the parties shall co-operate each other and get the pending C.C.No.6144/2020, on the file of 30^th ACMM quashed through the process of court i.e., by filing a petition for quashing under section 482 of Cr.P.C before the Hon’ble High Court of Karnataka.

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9. Both the parties state and declare that apart from the above they have no other claims of whatsoever nature against each other either for the past, present or future including the claims over the moveable or immovable properties either existing at present or to be acquired in future.

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10. Both the parties state and declare that they have already exchanged all their valuable and other articles.

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11. Both the parties further state and declare that there has been no collusion or force, fraud or any undue influence in

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CRL.P No. 3497 of 2023

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entering into this settlement/agreement in the aforesaid manner.”

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In the light of the afore-extracted memorandum of settlement of the parties for having settled the dispute among themselves, I deem it appropriate to obliterate the proceedings initiated against the petitioner, as the allegations are ones punishable under Sections 498A, 323, 325, 504 and 506 of the IPC and not against the State.

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For the aforestated reasons, the following:

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ORDER

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i. The Criminal Petition is disposed.

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ii. The proceedings in C.C.No.6144/2020 pending before the XXX Additional C.M.M. Court, Bengaluru, stand quashed.

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Sd/JUDGE

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NVJ

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List No.: 1 Sl No.: 23 CT:SS

Sri. Srinivas Reddy v. State of Karnataka

Case brief

What is this about?

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Sri. Srinivas Reddy v. State of Karnataka

Case brief

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