Criminal petition under Section 482 CrPC filed to quash an FIR alleging dowry harassment and cruelty. The High Court allowed the petition and quashed the FIR due to an amicable settlement between parties.
Criminal petition allowed; Impugned FIR quashed insofar as it relates to the petitioners-accused.
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.
CRL.P No. 714 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 714 OF 2023
BETWEEN:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
S/O CHIKKANNA
AGED ABOUT 58 YEARS
AGED ABOUT 53 YEARS
ALL ARE RESIDING AT NO.488 3RD CROSS, BEHIND KAMAKSHI HOSPITAL KUVEMPUNAGAR, VTC, MYSORE-570023 KARNATAKA.
…PETITIONERS
(BY SRI. SRINIVAS V., ADVOCATE)
AND:
BY SRIRANGAPATNA RURAL PS
REPRESENTED BY STATE PUBLIC PROSECUTOR
CRL.P No. 714 of 2023
HIGH COURT OF KARNATAKA BUILDING BANGALORE-560001.
…RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1/STATE SRI C.S. KANTHARAJU, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.79/2022 REGISTERED BY SRIRANGAPATNA SUB-DIVISION POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 504, 506 R/W SECTION 34 OF IPC AND UNDER SECTION 3 AND 4 OF DP ACT ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC S.R.PATNA FILED BY THE RESPONDENT NO.1 POLICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
FIR is registered for the offences under Sections 498A,
323, 504, 506 r/w 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961, alleging that the second respondent is the legally wedded wife of the accused No.1, and accused Nos.2 and 3 are the parents-in-laws, and she was
CRL.P No. 714 of 2023
subjected to cruelty, both mentally and physically, and also a demand was made to bring money from the parental home.
filed a joint memo stating that they have amicably settled the disputes among themselves, and the petitioner No.1-accused No.1 has agreed to pay a sum of Rs.8,00,000/-, as full and final settlement towards permanent alimony to respondent No.2, out of which he has already paid Rs.5,00,000/- and a petition would be filed by the petitioner No.1 and the respondent No.2 for dissolving their marriage by mutual consent.
ORDER
i) Criminal petition is allowed.
CRL.P No. 714 of 2023
ii) The impugned FIR in Crime No.79/2022 registered
by the Srirangapatna Rural Police Station, insofar it relates to petitioners-accused is hereby quashed.
Sd/-
JUDGE
HR List No.: 2 Sl No.: 11
1 issue framed by the court
Whether the FIR under Sections 498-A IPC and Dowry Prohibition Act should be quashed upon filing of a joint settlement memo.
3 provisions across 3 enactments
R. RANJAN
RAMESHA C
YASHODHA
STATE OF KARNATAKA
H.S. RASHMI
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
