Allowed

Gopi Phanikumar v. Hemalekha. B

Karnataka HC11 Apr 2023CRL.P/7828/2020

Case brief

AI extract

What is this about?

Petitioners filed a criminal petition under Section 482 CrPC to quash proceedings in C.C.No.6926/2020 involving a charge-sheet under Section 3 of the Dowry Prohibition Act. The court found both parties were already married and thus uninterested in the case, allowing the petition and quashing the prosecution.

What did the court decide?

The prosecution of the petitioners in C.C.No.6926/2020 is quashed and the petition is allowed.

Gopi Phanikumar Vs Hemalekha. B — Dowry and Cruelty | Karnataka HC (2023)

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1 - CRL.P No. 7828 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7828 OF 2020

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BETWEEN:

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GOPI PHANIKUMAR AGED 28 YEARS, SON OF MR. RAMAKRISHNA, RESIDING AT NO.05, 4^TH CROSS, BALAJI LAYOUT, SATHANURU BAGALURU ROAD, YELAHANKA, BANGALORE.

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S. RAMAKRISHNAN AGED 64 YEARS, SON OF MR. G. SRIRAMALU, RESIDING AT NO.05, 4^TH CROSS, BALAJI LAYOUT, SATHANURU BAGALURU ROAD, YELAHANKA, BANGALORE.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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VIJAYALAKSHMI AGED 54 YEARS, WIFE OF MR. RAMAKRISHNA, RESIDING AT NO.05, 4^TH CROSS, BALAJI LAYOUT, SATHANURU BAGALURU ROAD, YELAHANKA, BANGALORE.

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DEEPTI PRIYA AGED 32 YEARS, WIFE OF MR. SHASHIDHAR, RESIDING AT NO.05, 4^TH CROSS BALAJI LAYOUT, SATHANURU, BAGALURU ROAD, YELAHANKA, BANGALORE.

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…PETITIONERS

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(BY SRI. V. SHASHI KIRAN, ADVOCATE)

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CRL.P No. 7828 of 2020

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AND:

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HEMALEKHA. B., AGE 24 YEARS, DAUGHTER OF MR. BASAVARAJU N, RESIDING AT NO.315, 3^RD MAIN ROAD, J.P. NAGAR 6^TH STAGE, BENGALURU-560 078

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STATE OF KARNATAKA STATE BY PUTTENAHALLI POLICE STATION, BENGALURU CITY.

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…RESPONDENTS

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(BY SRI. KRISHNAKUMAR K.K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.2;

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NOTICE IS SERVED ON RESPONDENT NO.1)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 08.06.2020 (ANNEXURE-E) AND THE PROCEEDINGS NUMBERED AS C.C.NO.6926/2020 IN THE FILE OF THE XXX A.C.M.M., AT BENGALURU FOR COMPLAINT FILED BEFORE PUTTENAHALLI P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 OF D.P ACT.

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

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ORDER

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The petitioners have filed this petition challenging the

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charge-sheet filed by the respondent No.2 on the report of the respondent No.1 for the offence punishable under Section 3 of

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the Dowry Prohibition Act, 1961, which is now pending trial in C.C.No.6926/2020 on the file of the XXX ACMM, Bengaluru.

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When this petition was listed for admission, the

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learned counsel for the petitioners submitted that the petitioner

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CRL.P No. 7828 of 2020

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No.1 is already married and likewise, the respondent No.1 is also married and therefore, both of them are not interested to pursue the criminal case.

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In order to ascertain the same, this Court directed

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the learned High Court Government Pleader to secure the presence of the respondent No.1.

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Today, the father of the respondent No.1, Sri. N. Basavaraju is present before the Court, who was cited as CW.2 in the charge-sheet. He submits that the respondent No.1 is already married and therefore, she is not interested to pursue the criminal case against the petitioners.

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In that view of the matter, the petition is allowed .

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The prosecution of the petitioners in C.C.No.6926/2020 on the file of the XXX ACMM, Bengaluru, is quashed.

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Sd/JUDGE

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PMR

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List No.: 1 Sl No.: 26

Gopi Phanikumar v. Hemalekha. B

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Gopi Phanikumar v. Hemalekha. B

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