Disposed

Gururaj B v. State by

Karnataka HC9 Jun 2023CRL.P/6777/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 CrPC to quash FIR, report, and chargesheet in a dowry case. The court accepted a settlement between spouses, noting they resumed cohabitation and have a child, leading to the termination of proceedings.

What did the court decide?

Quashed the proceedings in C.C. No. 849/2019 arising out of Crime No. 240/2018 against the petitioners.

Gururaj B Vs State by — Dowry and Cruelty | Karnataka HC (2023)

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1 - NC: 2023:KHC:19826 CRL.P No. 6777 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 6777 OF 2020

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BETWEEN:

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SRI. GURURAJ B., S/O. BOMMAIAH, AGED ABOUT 33 YEARS,

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SRI. BOMMAIAH, S/O. LATE NINGEGOWDA, AGED ABOUT 66 YEARS,

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SMT. KAMALAMMA, W/O. BOMMAIAH, AGED ABOUT 53 YEARS,

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SRI. NAVEEN KUMAR, S/O. BOMMAIAH, AGED ABOUT 27 YEARS,

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

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KUM. SINDHU, D/O. BOMMAIAH, AGED ABOUT 25 YEARS,

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ALL ARE RESIDING AT NO.1187, 18TH MAIN ROAD, SRINAGAR, BANGALORE - 560 042.

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…PETITIONERS

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(BY SRI. K.V. PRAKASH, ADVOCATE)

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AND:

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STATE BY HANUMANTH NAGAR POLICE STATION,

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NC: 2023:KHC:19826 CRL.P No. 6777 of 2020

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BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.

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SMT. BHUVANESHWARI G., W/O. GURURAJ B., AGED ABOUT 27 YEARS, R/A NO.77, 12TH MAIN ROAD, RAGHAVENDRA BLOCK, SRINAGARA, BANGALORE - 560 050.

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…RESPONDENTS

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(BY SMT. K.P. YASHODA, HCGP FOR R1; SRI. UMESH P.B., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.240/2018 AND FINAL REPORT/CHARGE SHEET IN CR.NO.240/2018, CASE NO.C.C.NO.849/2019 ON THE FILE OF THE 24th ACMM COURT AT BENGALURU AND ETC.,

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THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The subject petition calls in question the proceedings in C.C.No.849/2019 arising out of Crime No.240/2018 registered for the offences punishable under Sections 498A, 504, 506, 313 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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NC: 2023:KHC:19826 CRL.P No. 6777 of 2020

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During the pendency of the petition, the parties

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were before the concerned Court in G & WC No.250/2018 wherein they have settled the issue and are leaving together by

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drawing up certain terms of settlement. One such term is closure of the present proceedings in the light of a dispute between the couple settled. The conditions reads as follows:

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" We submit that we are aware of the facts and circumstances of the above petition and we are competent to swear to this affidavit;

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We submit that, Smt. Bhuvaneshwari had filed a complaint against the Petitioners in Hanumantha Nagar Police Station, Benglauru in Crime No.240/2018 for the offence punishable under Sections 498-A, 504, 506, 313, 34 of Indian Penal Code and 3 & 4 of the Dowry Prohibition Act. The same is pending on the file of Hon'ble 24th Additional CMM Court, Nrupathunga Road, Bengaluru in C.C.No.849/2019.

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We submit that, The PARTIES have come to a conclusion and resolve the entire disputes between them as per the compromise petition filed in G & WC.No.250/2018 before the VI Addl. Prl. Family Court at Bengaluru. As per the settlement petitioner No.1 and respondent No.2 reunion and respondent No.2 agreed to cooperate in closing/quashing the above said case.

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WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to Quash the entire proceedings in C.C.No.849/2019 arising out of Crime No.240/2018 against the petitioners pending on the file of Hon'ble 24th Additional CMM Court, Nrupathunga Road, Bengaluru for the offence punishable under Sections 498-A, 504, 506, 313 read with 34 of Indian Penal Code and 3 & 4 of Dowry Prohibition Act.

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We the Deponents do hereby declare that what is stated above is true and correct to the best of our

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NC: 2023:KHC:19826 CRL.P No. 6777 of 2020

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knowledge, belief and information and the signatures found in this affidavit are our own;"

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In the light of a settlement arrived at between the

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parties and offences punishable as aforesaid, as also the fact

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that the couples are now staying together and have a child as well. I deem it appropriate to accept the settlement and terminate the proceedings against the petitioners.

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The criminal petition stands disposed of . The

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proceedings in C.C.No.849/2019 stands quashed against the petitioners.

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Sd/JUDGE

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GJM List No.: 2 Sl No.: 1

Gururaj B v. State by

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Gururaj B v. State by

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