Allowed

Anil Kumar v. State of Karnataka

Karnataka HC13 Dec 2023CRL.P/9538/2021

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 Cr.P.C. filed to quash charges of domestic violence and cruelty. Court allowed the petition and quashed the criminal proceedings after the parties executed a settlement agreement involving payment of a sum towards alimony and daughter's education.

What did the court decide?

The prosecution in C.C. No. 358/2017 is quashed subject to compliance of the conditions under the settlement agreement by the petitioners.

Anil Kumar Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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1 - NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 9538 OF 2021

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BETWEEN:

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ANIL KUMAR AGED ABOUT 34 YEARS, S/O NANDHA KUMAR

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NANDA KUMAR AGED ABOUT 65 YEARS, S/O LATE SESHAIAH

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SMT. PARVATHAMMA AGED ABOUT 51 YEARS, W/O NANDA KUMAR

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ALL ARE R/AT NO.74/F, 17^TH A OPP: ROAD, 4^TH BLOCK, BASVESHARAN, BANGALORE - 560 079.

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…PETITIONERS

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAVIKUMAR M.B., ADVOCATE FOR SRI. MOHANA CHANDRA P., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY GUDIBANDE POLICE STATION, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARANATAKA, AMBEDKAR VEEDHI, BANGALORE - 1.

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SMT. P.A. GEETHA @ SANGEETHA AGED ABOUT 26 YEARS, W/O ANIL KUMAR, R/AT PAVAJENAHALLI VILLAGE, GUDIBANDE TALUK - 561 209 CHIKKABALLAPURA DIST.

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…RESPONDENTS

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2 - NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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(BY SRI. RAJAT SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SMT. LATHA SHETTY, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CR.NO.13/2017 OF GUDIBANDE POLICE STATION INCLUDING THE IMPUGNED ORDER DATED 21.09.2017 TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT AND REGISTRATION OF CASE IN C.C.NO.358/2017 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC GUDIBANDE AGAINST THE PETITIONERS.

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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 challenged the prosecution launched against them by respondent No.1 in C.C.No.358/2017 pending trial before the Civil Judge and JMFC, Gudibande, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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When this petition was listed for admission, the parties have filed an application (I.A.No.1/2023) under Section

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3 - NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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482 of Cr.P.C. to settle the dispute amongst themselves, the terms of which reads as follows:-

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"The petitioners and Respondent No.2 humbly submit as follows:

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It is submitted that the Petitioners have filed the aforesaid Petition under section 482 of Cr.P.C. to set aside the order dated: 21/09/2017 passed by the Hon'ble Civil Judge & JMFC, Gudibande, Chikkabalapura in C.C. No.358/2017 for taking of cognizance. Consequently, acquit the Petitioners in C.C. No.358/2017 pending before the Hon'ble Civil Judge & JMFC, Gudibande, Chikkabalapura for the offences punishable under section 323, 498A, 504, 506 r/w sec 34 of IPC and 3 & 4 of DP Act.

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It is submitted that the Petitioners have filed MC No.7464/2023 on the file of Hon'ble I Addl. Prl Judge, Family Court, Bengaluru, the matter was referred to Mediation Center, Bengaluru and the matter got settled and the Petitioner No.1 has handed over the Demand Draft to the Director, Bengaluru Mediation Centre, Bengaluru, bearing DD No.531278, for a sum of Rs. 15,00,000/- drawn on The Canara Bank, Basaveshwaranagar Branch, Bengaluru, dated: 02/12/2023 and another Demand Draft bearing No.212822, for a sum of Rs.21,00,000/- drawn on The Grain Merchants Co-

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NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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Operative Bank Limited, Chamrajpet, Bengaluru 560 018, dated: 02/12/2023, in all Rs.36,00,000/towards full and final settlement to the Respondent No.2 and to the minor child and for all her future claims towards permanent alimony and towards the child education purpose and for child future welfare. The aforesaid DD's will be handed over to Respondent No.2 after withdrawing all the cases filed by the Petitioner No.1 and Respondent No.2 and also upon the Respondent No.2 co-operation in closing/quashing the Criminal Case in CC No.358/2017, the said demand draft shall be sent to the Hon'ble I Addl Prl Judge, Family Court, Bengaluru and at the time of reporting settlement before the Hon'ble Family Court, Bengaluru.

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The Respondent No.2 shall submit no objection (by writing/orally) to release all the gold jewelries (item No.1 to 7) that is mentioned in P.F. No.19/2017, dated: 06.12.2017 in C.C. No.358/2017 pending on the file of the Hon'ble Civil Judge, Gudibande, Chikkaballapura in favour of the Petitioner No.1 herein. In view of the mediation report submitted by the Bengaluru Mediation Centre and handing over of DD to the Director, Bengaluru Mediation Centre, the respondent No.2 is not inclined to prosecute the aforesaid criminal proceedings. Liberty to pray for recalling the order of this Hon'ble Court if payment is not made as promised.

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5 - NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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If this Hon'ble is not pleased to allow the aforesaid application, the Petitioners and the Respondent No.2 will suffer irreparable loss and great hardship. Whereas, no hardship will be caused to the Prosecution if the aforesaid application is allowed.

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WHEREFORE, it is prayed that this Hon'ble Court be pleased to permit them to compound the aforesaid offences for the reasons stated above, in the interest of justice."

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The petitioners and respondent No.2 are present before the Court and are identified by their respective counsel. In token of acceptance of the terms mentioned above, the petitioners and respondent No.2 have affixed their signatures to the order sheet of this Court.

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In view of the above, the continuation of the prosecution of the petitioners is not warranted.

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Consequently, this petition is allowed . The prosecution of the petitioners in C.C.No.358/2017 pending trial before the Civil Judge and JMFC, Gudibande, for the offence punishable under Sections 498A, 323, 504, 506 read with

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NC: 2023:KHC:45482 CRL.P No. 9538 of 2021

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Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition

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Act, 1961, is quashed subject however, to compliance of the aforesaid conditions by the petitioners.

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Sd/JUDGE

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PMR List No.: 1 Sl No.: 39

Anil Kumar v. State of Karnataka

Case brief

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Anil Kumar v. State of Karnataka

Case brief

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