Allowed

Mr. Pravin Jagannath Moily v. the State of Karnataka

Karnataka HC19 Dec 2023CRL.P/5938/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed the criminal proceedings against petitioners in C.C. No. 1886/2019 invoking Section 482 CrPC, following a settlement reached between parties before the Family Court regarding matrimonial disputes.

What did the court decide?

Quashed the prosecution of petitioners in C.C. No. 1886/2019 for offences under Sections 498A, 504, 506 IPC and Dowry Prohibition Act.

Mr. Pravin Jagannath Moily Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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1 - NC: 2023:KHC:46325 CRL.P No. 5938 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 5938 OF 2019

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BETWEEN:

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MR. PRAVIN JAGANNATH MOILY, AGED 34 YEARS, SON OF JAGANNATH MOILY,

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SRI. JAGANNATH MOILY, AGED 60 YEARS, SON OF BABU MOILY,

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SMT. BHAGEERATHI, AGED 58 YEARS, WIFE OF JAGANNATH MOILY,

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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NOS. 1 TO 3 ARE RESIDING AT NO. 201/A, WALIA APARTMENT, NAIKWADI, AAREY ROAD, GOREGAON (EAST), MUMBAI - 400 063.

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DR. HEMLATA RAO, AGED 36 YEARS, WIFE OF VIRAJ RAO, RESIDING AT NAMRA, 19TH FLOOR, CHANDAK PALOMA APARTMENT, AAREY ROAD, GOREGAON EAST MUMBAI - 400 063.

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…PETITIONERS

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(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)

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NC: 2023:KHC:46325 CRL.P No. 5938 of 2019

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AND:

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THE STATE OF KARNATAKA, THROUGH THE SUB INSPECTOR OF POLICE, SHANKARANARAYANA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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DR. RAMITHA, AGED 28 YEARS, W/O PRAVIN JAGANNATH MOILY, RESIDING AT NO. 4/41 B, KRISHNA HOUSE, CHORADI ROAD, HALADI VILLAGE, KUNDAPURA TALUK - 576 222.

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI. ABHINAY Y.T, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO 1. QUASH THE CHARGE SHEET FILED SHANKARANARAYANA POLICE IN C.C.NO.1886/2019 (ARISING OUT OF CR.NO.47/2019 OF SHANKARANARAYANA P.S) FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P ACT, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA, UDUPI.

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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 have challenged the prosecution launched against them in C.C.No.1886/2019 pending trial before the Additional Civil Judge and JMFC, Kundapura, Udupi for the

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3 - NC: 2023:KHC:46325 CRL.P No. 5938 of 2019

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offences punishable under Sections 498A, 504, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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When the petition was listed for admission, petitioners and respondent No.2 have filed a joint memo enclosing therewith a settlement arrived at before the Principal Judge, Family Court, Udupi in M.C.No.108/2023, which reads as follows:-

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"8. Both the parties state that they have no claims or counterclaims against each other either past, present or future and also over the movable/immovable properties belonging to each other. The belongings both gold and other material, have already been exchanged between the parties.

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9. The 2^nd petitioner hereby agrees to withdraw her complaint in CC No.1886 of 2019 (arising at Crime no.47 of 2019) pending on the file of I Additional Civil Judge and JMFC, Kundapura filed against the 1^st petitioner and his family members and has agreed to give her consent to allow Crl.P.No.5938 of 2019 pending before the Hon'ble High Court of Karnataka and quash the proceedings in CC No.1886/2019

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NC: 2023:KHC:46325 CRL.P No. 5938 of 2019

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pending on the file of I Additional Civil Judge and JMFC, Kundapura."

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Following this, M.C.No.108/2023 was disposed off on 24.11.2023.

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Since the parties have settled the matrimonial disputes between them, continuation of the prosecution of petitioners in C.C.No.1886/2019 would not serve any purpose. Consequently, this petition is allowed and impugned prosecution of the petitioners pending in C.C.No.1886/2019 before Additional Civil Judge and JMFC, Kundapura, Udupi for the offences punishable under Sections 498A, 504, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 is quashed.

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Sd/JUDGE

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MH/List No.: 1 Sl No.: 17 CT: BHK

Mr. Pravin Jagannath Moily v. the State of Karnataka

Case brief

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Mr. Pravin Jagannath Moily v. the State of Karnataka

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