In this quashing petition under Section 482 CrPC, the High Court allowed the petition and quashed criminal proceedings for alleged dowry-related offences after parties filed a joint affidavit confirming an amicable settlement and mutual dissolution of marriage.
The criminal proceedings in C.C.No.8195/2020 stood quashed and the Criminal Petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:34298 CRL.P No. 6665 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6665 OF 2023
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
R/AT M-22, SAMANTHA VIHAR
NEAR KALINGA HOSTEL SQUARE CHANDRASHEKARPUR NALKO CHAKA, BUVANESHWAR ODDISHA STATE -751023.
…PETITIONERS
(BY SRI. MUJTABA H., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R-1; SRI. MOHAN KUMAR H., ADVOCATE FOR SRI. BALASUBRAMANYA B.N., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 RAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.8195/2020 PENDING ON THE FILE OF I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused Nos.1 to 5 are sought to be prosecuted for the offences punishable under Sections 498A r/w Section 34 of IPC, and sections 3 and 4 of the Dowry Prohibition Act.
NC: 2023:KHC:34298 CRL.P No. 6665 of 2023
ORDER
Sd/JUDGE
HR
1 issue framed by the court
Whether criminal proceedings under Sections 498A IPC and Dowry Prohibition Act be quashed upon amicable settlement and mutual dissolution of marriage.
4 provisions across 3 enactments
Mr. Kuber Das
Mr. Hara Prasad Mishra
Mrs. Smitha Das
Dr. Mruthyunjaya Das
Mrs. Pushpalatha Das
Mrs. Shilpa Smita
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
