Criminal petition filed under Section 482 Cr.P.C. to quash proceedings for dowry harassment and cruelty. The court allowed the petition and quashed proceedings upon finding parties had amicably settled and divorce was mutually consented to.
Impugned proceedings in C.C.No.16172/2022 as they relate to petitioners-accused 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 AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 824 OF 2023
BETWEEN:
KOLAR - 563114.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. RAJ PRABHU S., ADVOCATE)
AND:
REPRESENTED BY ITS S.P.P., KARNATAKA HIGH COURT BUILDINGS HIGH COURT KARNATAKA BENGALURU-560001.
…RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1/STATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.16172/2022 ARISING OUT OF CRIME NO.5/2022 REGISTERED ON THE FILE OF THE 1st RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 ARRAYING THESE PETITIONERS AS ACCUSED NOS.1 TO 3 WHICH IS PENDING ON THE FILE OF THE 1st ACMM, BANGALORE.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused Nos.1 to 3 who are sought to be prosecuted for the offence punishable under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court.
No.3 is the step father-in-law of the defacto complainant and they subjected her to cruelty, both mentally and physically, and also a demand was made to bring money from her parental home.
ORDER
i) Criminal Petition is allowed;
ii) The impugned proceedings in C.C.No.16172/2022 on the file of the 1st Additional Chief Metropolitan Magistrate Court at Bengaluru insofar it relates to petitioners-accused herein stands quashed.
Sd/JUDGE
HR
2 issues framed by the court
Whether the criminal proceedings for dowry harassment can be quashed upon compromise and mutual dissolution of marriage.
Whether continued trial after amicable settlement would constitute abuse of process of law.
4 provisions across 3 enactments
Mr. Jai Kumar N.
Mrs. Arulmani
Mr. Robinson
State of Karnataka
Mrs. Sheetal Selvi
Hemant Chandangoudadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
