The court quashed criminal proceedings under Section 498A, IPC and Dowry Prohibition Act after the parties reached a settlement, the marriage was dissolved, and the complainant agreed to withdraw allegations.
The impugned criminal proceedings (CC No.16004/2022) were quashed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 7691 OF 2023
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO. 20/73, AYYAKANNU STREET NEWPET, PALMANOR, CHITTOOR ANDHRA PRADESH - 517 408.
(BY SRI. K S KARTHIK KIRAN, ADVOCATE FOR SRI. KAPIL DIXIT., ADVOCATE)
…PETITIONERS
AND:
AGED ABOUT 28 YEARS R/A NO.15, 3RD CROSS, KUMANA NAGARA, BEHIND RAILWAY STATION HASURU, KRISHNAGIRI TAMIL NADU-635 109.
…RESPONDENTS
(BY SMT. WAHEEDA M M, HCGP FOR R-1; DR. M SUNIL SHASTRY, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.16004/2022 FOR THE OFFENCE P/U/S.498A, 323, 506, 504 OF IPC AND SEC.3 AND 4 OF DP ACT PENDING ON THE FILE OF THEHONBLE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGLAURU IN ANNEXURE A.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice for respondent No.1 - State.
subjected the respondent No.2 to cruelty both mentally and physically, and assaulted and abused her in filthy language and also a demand was made to bring money from the parental home.
allegations made by her, it would be futile exercise if the petitioners - accused are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in CC No.16004/2022 registered by the East Zone Women's PS in Cr.No.03/2022, pending on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.
Sd/JUDGE
BKM
1 issue framed by the court
Whether the criminal proceedings should be quashed given the mutual settlement and dissolution of marriage.
Gururaj Pathikonda
Rajashekhar P
Maheshwari
Bhavana P
State of Karnataka
Poojashree Jagadeesan
Hemant Chandangoloudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
