Allowed

Mr. Punith Kumar. S v. State of Karnataka by

Karnataka HC15 Sept 2023CRL.P/7810/2022

Case brief

AI extract

What is this about?

In a criminal petition, the Court quashed proceedings for dowry harassment and cruelty under the IPC and Dowry Prohibition Act. Citing an amicable settlement and reconciliation between the spouse and complainant, the Court held the trial would be futile and the continued proceedings an abuse of process.

What did the court decide?

The Criminal Petition is allowed and the impugned criminal proceedings in CC No.721/2021 are hereby quashed.

Mr. Punith Kumar. S Vs State of Karnataka by — Dowry and Cruelty | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:33785 CRL.P No. 7810 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2023

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶5

CRIMINAL PETITION NO. 7810 OF 2022

¶6

BETWEEN:

¶7

MR. PUNITH KUMAR. S S/O SHIVANNA @ KANTHINA SHIVANNA AGED ABOUT 29 YEARS R/AT CHANDUPURA VILLAGE C A KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571428.

¶8

SMT. LAKSHMI W/O SHIVANNA @ KANTHINA SHIVANNA AGED ABOUT 47 YEARS R/AT CHANDUPURA VILLAGE C A KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571428.

¶9

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

¶10

MR. SHIVANNA @ KANTHINA SHIVANNA S/O LATE SIDDEGOWDA AGED ABOUT 60 YEARS R/AT CHANDUPURA VILLAGE C A KER HOBLI, MADDURU TALUK MANDYA DISTRICT-571428.

¶11

(BY SRI. KARIAPPA N.A., ADVOCATE)

¶12

AND:

¶13

…PETITIONERS

¶14

STATE OF KARNATAKA BY K.M. DODDI POLICE STATION K.M. DODDI CIRCLE MANDYA DISTRICT (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE)

¶15

SMT. CHANDANA C W/O PUNITH KUMAR S

¶16

¶17

NC: 2023:KHC:33785 CRL.P No. 7810 of 2022

¶18

AGED ABOUT 26 YEARS R/AT CHANDAPURA VILLAGE MADDUR TALUK NOW R/AT KYATHE GOWDANA DODDI MALAVALLI TALUK MANDYA DISTRICT-571430.

¶19

…RESPONDENTS

¶20

(BY SMT. WAHEEDA M.M., HCGP FOR R-1; SRI SUHAS S.P., ADVOCATE FOR SRI M.C. RAVIKUMAR, ADVOCATE FOR R-2)

¶21

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS PENDING IN C.C.NO.721/2021 ON THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, MADDUR FOR OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 506 R/W SECTION 34 OF IPC AND U/S. 3 AND 4 OF DOWRY PROHIBITION ACT, WHICH IS ARISING OUT OF CRIME NO.128/2019 OF K.M.DODDI POLICE, MANDYA DISTRICT AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

ORDER

¶23

Petitioners-accused No.1 to 3 are sought to be prosecuted for the offences punishable under Sections 498A, 506, r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

¶24

The case of the prosecution is that, the accused No.1 husband, accused No.2 mother-in-law, accused No.3 father-in-law subjected the defacto-complainant to cruelty, both, mentally and physically, and also a demand was made to bring money from the parental home.

¶25

The parties are present before this Court and they have filed an application under Section 320 r/w 482 of Cr.P.C. for compounding of the offences.

¶26

¶27

NC: 2023:KHC:33785 CRL.P No. 7810 of 2022

¶28

The same is placed on record.

¶29

Perusal of the application indicates that the parties have amicably resolved their dispute among themselves. The defacto-complainant has reunited with her husband and leading a cordial marital life, and she has no objections for quashing the impugned proceedings.

¶30

Though the offences alleged against the petitionersaccused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be futile exercise, if the petitioners-accused herein are subjected to trial, since the probability of their conviction is remote and bleak, in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of process of law.

¶31

Accordingly, I pass the following:

¶32

ORDER

¶33

i) The Criminal Petition is allowed;

¶34

ii) The impugned proceedings in C.C. No.721/2021 on the file of the Principal Civil Judge and JMFC, Maddur, arising out of Crime No.128/2019, registered by the K.M.Doddi Police Station, is hereby quashed.

¶35

Sd/JUDGE

¶36

Mr. Punith Kumar. S v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Mr. Punith Kumar. S v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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

Nithin K.C. Vs State of Karnataka