Allowed

Shivashankar v. State of Karnataka

Karnataka HC26 Oct 2023WP/17380/2021

Case brief

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What is this about?

Petitioners filed a writ under Articles 226 and 227 of the Constitution and Section 482 CrPC seeking quashment of criminal proceedings for offences punishable under Sections 498A, 504 and 34 IPC. The Court allowed the petition as the respondent consented to quash due to a settlement made before the Family Court.

What did the court decide?

Quashing of criminal proceedings in C.C.No.27257/2019 initiated under Sections 498A, 504 and 34 IPC.

Shivashankar Vs State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:38024 WP No. 17380 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 17380 OF 2021 (GM-RES)

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BETWEEN:

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SHIVASHANKAR, S/O SIDDAIAH, AGE: 40 YEARS,

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LAKSHMIDEVI @ LAKSHMIDEVAMMA, W/O SIDDAIAH, AGE: 67 YEARS,

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SIDDAIAH, S/O LATE NINGAIAH, AGE: 74 YEARS, PETITIONERS 1-3 ARE R/O NO.326, 1^ST MAIN, 1^ST BLOCK, 2^ND STAGE, NAGARBHAVI, BENGALURU - 560 072.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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YESHODHA, W/O LATE MAHADEV M, AGE: 44 YEARS, R/O. NO.2021, 3^RD MAIN, 25^TH CROSS, BHUVANESHWARI NAGAR, K.P. AGRAHARA, BENGALURU - 560 072.

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…PETITIONERS

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(BY SRI. MAHESH R UPPIN, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY SHO, KAMAKSHI PALYA POLICE STATION, BENGALURU-560 079, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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2 - NC: 2023:KHC:38024 WP No. 17380 of 2021

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SMT. LAVANYA, D/O SRI. MARISWAMY, AGE: 34 YEARS, NO.1744/23, 1^ST FLOOR, 1^ST MAIN, K.H.B. COLONY, PRASHANTH NAGAR, BENGALURU - 560 079.

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI. SANGAMESH, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.27257/2019 (CR.NO.244/2019) REGISTERED BY THE KAMAKSHIPALYA POLICE, VIJAYANAGAR SUBDIVISION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, AND 34 IPC, PENDING ON THE FILE OF THE LEARNED 39^TH ADDITIONAL C.M.M. BENGALURU AS PER THE ORDER SHEET VIDE ANNEXURE-F.

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

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ORDER

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The petitioners have challenged the proceedings initiated against them in C.C.No.27257/2019 for the offences punishable under Sections 498A, 504 read with Section 34 of IPC pending trial before the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.

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When the petition was listed for orders, a joint memo was filed in terms of which, respondent No.2 has

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NC: 2023:KHC:38024 WP No. 17380 of 2021

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consented to quash the proceedings, in view of the settlement arrived at between them before the II Additional Principal Judge, Family Court, Bangalore, in M.C.No.2387/2019.

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In view of the aforesaid, this petition is allowed , and the criminal proceedings initiated against the petitioners in C.C.No.27257/2019 pending trial before XXXIX Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498A, 504 read with Section 34 of IPC is hereby quashed.

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Sd/-

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JUDGE

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PK CT: BHK

Shivashankar v. State of Karnataka

Case brief

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Shivashankar v. State of Karnataka

Case brief

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