Quashed

Mallesha G v. Station House Officer

Karnataka HC23 Sept 2023WP/16313/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an FIR and ongoing criminal proceedings involving matrimonial offences including 498A IPC. The court noted that the parties had settled disputes and were residing together based on civil proceedings.

What did the court decide?

The instant prosecution of petitioner in C.C.No.1371/2018 regarding matrimonial offences and Dowry Prohibition Act is quashed.

Mallesha G Vs Station House Officer — Matrimonial and Divorce | Karnataka HC (2023)

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1 - NC: 2023:KHC:34729 WP No. 16313 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 16313 OF 2017 (GM-RES)

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BETWEEN:

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MALLESHA G SON OF LATE GURUSIDDAIAH, AGED ABOUT 40 YEARS, R/A RAGIBOMMANAHALLI VILLAGE, MALAVALLI TALUQ,

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MANDYA - 571 430.

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KEMPAMMA WIFE OF LATE GURUSIDDAIAH, AGED ABOUT 75 YEARS, R/A RAGIBOMMANAHALLI VILLAGE, MALAVALLI TALUQ, MANDYA - 571 430.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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GIRIJAMMA WIFE OF MALLAIAH, AGED ABOUT 44 YEARS, RESIDENT OF HONAGAHALLI VILLAGE, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA - 571 430.

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PUTTASIDDAMMA @ VIJAYA AGED ABOUT 42 YEARS, WIFE OF LATE SIDDARAJU, R/AT YEDAGANAHALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA - 571 401.

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…PETITIONERS

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(BY SRI. SARAVANA S., ADVOCATE)

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AND:

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STATION HOUSE OFFICER MALAVALLI RURAL P.S. MALAVALLI TALUK,

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2 - NC: 2023:KHC:34729 WP No. 16313 of 2017

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MANDYA-571401

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KAVITHA R.P. W/O MALLESHA G., AGED ABOUT 31 YEARS, R/A RAGIBOMMANAHALLI VILLAGE, MALLAVALLI TALUQ, MANDYA - 571 430.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SMT. K.S.ANITHA, ADVOCATE FOR RESPONDENT NO.2)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.264/2016 DATED 20.11.2016 REGISTERED BY 1^ST RESPONDENT AT ANNEXURE-A PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JUNIOR DIVISION) JMFC COURT, MALLAVALLI, MANDYA.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have challenged the investigation as well

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as the criminal prosecution initiated against them in C.C.No.1371/2018 (Cr.No.264/2016) by the respondent No.1 for the offences punishable under Sections 498A, 504, 323, 506 and 354 read with 34 of Indian Penal Code (henceforth referred to as 'IPC' for short) and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of Additional Civil Judge (Jr.Dn.) JMFC Court, Mallavalli Taluk, Mandya District.

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3 - NC: 2023:KHC:34729 WP No. 16313 of 2017

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When the petition is listed for preliminary hearing in

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'B' group, the learned counsel for the petitioners submits that respondent No.2 had initiated proceedings under Section 125 of Cr.P.C. before the Civil Judge and JMFC, Mandya and that the parties have settled the disputes and that they are residing together. He has also placed on record the proceedings of the Civil Judge and JMFC, Malavalli in Crl.Misc. No.395/2017 which discloses that the petitioner No.1 and respondent No.2 are residing together.

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In that view of the matter, the instant prosecution of petitioner in C.C.No.1371/2018 (Cr.No.264/2016) pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC, Malavalli for the offences punishable under Sections 498A, 504, 323, 506, 354 read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, is quashed.

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Sd/JUDGE

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List No.: 1 Sl No.: 20

Mallesha G v. Station House Officer

Case brief

What is this about?

What did the court decide?

Mallesha G v. Station House Officer

Case brief

What is this about?

What did the court decide?

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