Allowed

Nithin K.C. v. State of Karnataka

Karnataka HC15 Sept 2023CRL.P/6726/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition under Section 482 CrPC to quash proceedings for offences under Sections 498A and 506 IPC and the Dowry Prohibition Act. The court observed that the parties had mutually dissolved the marriage and reached a settlement, leading to a quashing order as a futile exercise otherwise.

What did the court decide?

Criminal petition allowed; impugned proceedings in C.C.No.1732/2023 before 37th Addl. Chief Metropolitan Magistrate, Bengaluru are quashed.

Nithin K.C. Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:33885 CRL.P No. 6726 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶6

CRIMINAL PETITION NO. 6726 OF 2023

¶7

BETWEEN:

¶8

NITHIN K.C., S/O CHIKKANNA, AGED ABOUT 34 YEARS, R/AT NO.39, 2^ND MAIN, H BLOCK, RAMAKRISHNANAGARA, MYSORE – 570 009.

¶9

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

¶10

D.R.CHIKKANNA, S/O SRI. KALAIAH, AGED ABOUT 63 YEARS, R/AT NO.39, 2^ND MAIN, H BLOCK, RAMAKRISHNANAGARA, MYSORE – 570 009.

¶11

VASANTHA, W/O CHIKKANNA D.R., AGED ABOUT 55 YEARS, R/AT NO.39, 2^ND MAIN, H BLOCK, RAMAKRISHNANAGARA, MYSORE – 570 009.

¶12

…PETITIONERS

¶13

(BY SRI. M.SHARASS CHANDRA., ADVOCATE)

¶14

¶15

NC: 2023:KHC:33885 CRL.P No. 6726 of 2023

¶16

AND:

¶17

STATE OF KARNATAKA, BY BASAVANAGUDI WOMEN PS.,

¶18

SMT.M.BHAVYA, W/O NITHIN K.C., AGED ABOUT 28 YEARS, RESIDING AT NO.43, 2^ND MAIN, 4^TH CROSS, MUNESHWARANAGARA, ULLAL MAIN ROAD, BANGALORE – 560 056.

¶19

…RESPONDENTS

¶20

(BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI. JAYARAJ GOWDA M N., ADVOCATE FOR R2)

¶21

THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1732/2023 OF RESPONDENT NO.2 BASAVANAGUDI WOMEN P.S., AT BENGALURU WHICH IS PENDING IN THE COURT OF 37TH A.C.M.M AT BENGALURU BY ALLOWING THE PETITIONERS AND THE RESPONDENTS TO COMPOUND THE OFFENCE.

¶22

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

¶23

ORDER

¶24

The petitioners are sought to be prosecuted for the offence punishable under Sections 498A and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

¶25

The case of the prosecution is that, accused No.1/husband and accused Nos.2 and 3/parents-in-law

¶26

¶27

NC: 2023:KHC:33885 CRL.P No. 6726 of 2023

¶28

subjected the defacto complainant to cruelty both mentally and physically and also demand was made to bring money from the parental home.

¶29

The parties are present before this Court. The petitioners have annexed a copy of memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, by which the marriage between the parties has been dissolved mutually and as per the terms of the settlement, accused No.1 has paid a sum of Rs.5,00,000/- towards balance permanent alimony through demand draft and the same is acknowledged by the defacto complainant who is present before this Court, subject to realization. The second respondent/defacto complainant has no objection to quash the impugned proceedings.

¶30

Though the offences are cognizable and non compoundable, however having regard to the fact that the parties have amicably resolved the dispute among themselves, and the second respondent/defacto complainant having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Accordingly, I pass the following:

¶31

ORDER

¶32

i. Criminal petition is allowed.

¶33

¶34

NC: 2023:KHC:33885 CRL.P No. 6726 of 2023

¶35

ii. The impugned proceedings in C.C.No.1732/2023 on the file of 37^th Addl. Chief Metropolitan Magistrate, Bengaluru is hereby quashed.

¶36

Sd/JUDGE

¶37

RKA List No.: 1 Sl No.: 128

Nithin K.C. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Nithin K.C. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C. M. Reddy Vs State of Karnataka

Sri Anilkumar M Dalavai @ Kumar Vs the State of Karnataka

Sri Harshavardhana K Vs the State of Karnataka

Shankar C Vs State by Bagalagunte P S

Sri Sudhir Gupta Vs Commissioner of Police

Mr. Punith Kumar. S Vs State of Karnataka by