Allowed

Mr Srikrishnadevarayalu v. the State of Karnataka

Karnataka HC1 Aug 2023CRL.P/3878/2023

Case brief

AI extract

What is this about?

This High Court allowed a criminal petition under Section 482 CrPC to quash proceedings for offences under IPC Sections 376, 377, 498A, and 504. The court noted that the parties had amicably settled the dispute and the marriage had been dissolved, rendering further investigation futile.

What did the court decide?

The impugned proceedings in Spl.Case No.192/2023 (CC No.32478/2022), pending on the file of the City Civil and Sessions Court at Bengaluru, are hereby quashed.

Mr Srikrishnadevarayalu Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:26845 CRL.P No. 3878 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 3878 OF 2023

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BETWEEN:

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MR SRIKRISHNADEVARAYALU S/O R APPALARAJU AGED ABOUT 34 YEARS.

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MRS GANGABHAVANI, W/O R APPALARAJU AGED ABOUT 59 YEARS.

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MR R APPALARAJU S/O LATE R RAMARAJU AGED ABOUT 64 YEARS

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ALL ARE R/A 610, B BLOCK, PHASE-3 KENDRIYA VIAHARA, SUN CITY, BANDALGUD HYDERABAD, TELANGANA STATE-500 086.

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…PETITIONERS

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

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(BY SRI. H C SHIVARAMU, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPT. BY THE JP NAGAR POLICE STATION JAYANAGAR SUB DIVISION, BANGALORE CITY REPT. BY ITS SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU-560 091.

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MRS CHAITRA N AGED ABOUT 29 YEARS W/O MR SRIKRISHNADEVARAYALU D/O NARAYANASWAMY R/A NO.65, 7TH CROSS RAMAKRISHNA LAYOUT MALAGALA MAIN ROAD

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NC: 2023:KHC:26845 CRL.P No. 3878 of 2023

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NAGARBHAVI 2ND STAGE BANGALORE-560 091.

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…RESPONDENTS

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(BY SRI. H S SHANKAR, HCGP FOR R-1; SMT. M SHASHIKALA, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE CASE IN S.C.NO.192/2023 FILED ON FIR IN CR.NO.0006/2022 AND FILING OF CHARGE SHEET IN C.C.NO.32478/2022 OF J.P NAGAR P.S., JAYANAGAR SUB DIVISION BENGALURU CITY AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 376, 377, 498A, 504 OF IPC AND SEC.4 OF D.P ACT.

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

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ORDER

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The petitioners - accused Nos.1 to 3 are sought to be prosecuted for the offences punishable under Sections 376, 377, 498A, 504 of IPC, 1961.

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The case of the prosecution is that, the accused No.1 is the husband of the defacto complainant, and the accused Nos.2 and 3 are the parents-in-law, and they subjected the defacto complainant to cruelty both mentally and physically, and demand was made to bring money from the parental home.

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The parties, who are before this Court, and have filed an application under Section 320(2) read with Section 482 of Cr.PC stating that, they have amicably settled the dispute among themselves, and in terms of the settlement, the marriage of accused No.1 with the complainant has been

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NC: 2023:KHC:26845 CRL.P No. 3878 of 2023

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dissolved, and the respondent No.2 has no objection for quashing the impugned proceeding.

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Though the offences are cognizable and noncompoundable, however, having regard to the fact that, the parties have amicably settled the dispute among themselves, it would be futile exercise if the accused are subjected to investigation, since the probability of their conviction is remote and bleak in view of the settlement. Accordingly, I pass the following:

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ORDER

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i) Criminal petition is allowed. ii) The impugned proceeding in Spl.Case No.192/2023 (CC No.32478/2022 arising out of Crime No.0006/2022 registered by the JP Nagar Police Station, Jayanagar SubDivision, Bangalore City), pending on the file of the City Civil and Sessions Court at Bengaluru (CCH-54), is hereby quashed.

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Sd/JUDGE

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BKM

Mr Srikrishnadevarayalu v. the State of Karnataka

Case brief

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Mr Srikrishnadevarayalu v. the State of Karnataka

Case brief

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