Petition to quash FIR for dowry and cruelty dismissed after finding mutual settlement and divorce. Court held continuation of investigation would be abuse of process.
Impugned FIR in Crime No.209/2022 quashed and criminal petition allowed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4241 OF 2023
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
ALL THE THREE PETITIONERS RESIDING AT NO. 1616/1, TEACHERS COLONY DEOBAND NAGAR DEOBAND SAHARANPUR UTTAR PRADESH - 247 554.
…PETITIONERS
(BY SRI PRADYUMNA M R, ADVOCATE FOR SRI VIKRAM PHADKE, ADVOCATE)
AND:
NC: 2023:KHC:40179 CRL.P No. 4241 of 2023
BY SPP, HIGH COURT, BANGALORE-01.
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI UDAYA PRAKASH MULIYA, ADVOCATE FOR SRI KAMALUDDIN AHMAD, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 CR.P.C. PRAYING TO QUASH THE FIR NO.209/2022 WOMEN P.S., PULAKESHINAGAR SUB DIVISION, EAST ZONE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 498A, 323, 504, 34 OF IPC AND U/S 3, 4 OF D.P. ACT, 1961 AND ALL FURTHER INVESTIGATION THEREON.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
FIR alleging that the petitioners herein subjected her to cruelty both mentally and physically, assaulted and demanded to bring money from her parental home. The police registered FIR for the offences punishable under
NC: 2023:KHC:40179 CRL.P No. 4241 of 2023
Sections 498-A, 323, 504 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
conferencing and second respondent - Informant is present before this Court and she is represented by her counsel.
NC: 2023:KHC:40179 CRL.P No. 4241 of 2023
and a sum of Rs.14,00,000/- is paid towards permanent alimony in favour of the second respondent. The second respondent has agreed to withdraw all the allegations against the petitioners herein.
compoundable, however, having regard to the fact that the parties have amicably resolved their dispute, it would be a futile exercise, if the petitioners are subjected to investigation since the probability of the police filing the charge sheet against the petitioners is unlikely in view of the settlement. Therefore, the continuation of the investigation will be an abuse of process of law. Accordingly, I pass the following:-
ORDER
i. The criminal petition is allowed .
ii. The impugned FIR in Crime No.209/2022 registered by the Women Police Station,
NC: 2023:KHC:40179 CRL.P No. 4241 of 2023
Pulakeshinagar, Bengaluru, stands quashed.
Sd/JUDGE
VMB List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the FIR complaints under sections 498-A, 323, 504, 34 of IPC and sections 3, 4 of D.P. Act should be quashed in view of a mutual settlement and dissolution of marriage.
2 provisions across 2 enactments
SRI. ABHISHEK RANA
SMT. SUNITA RANA
SRI. MADAN RANA
STATE OF KARNATAKA
SMT. SAMEEKSHA GULERIA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
