Allowed

Sri Sudhir Gupta v. Commissioner of Police

Karnataka HC15 Sept 2023WP/5401/2023

Case brief

AI extract

What is this about?

This order allowed a combined writ petition and criminal petition seeking to quash a Look Out Circular and criminal proceedings registered under Section 498A IPC and the Dowry Prohibition Act. The High Court quashed the orders as the dispute was amicably settled.

What did the court decide?

The impugned Look Out Circular (LOC) and criminal proceedings in C.C.No.14396/2020 were quashed.

Sri Sudhir Gupta Vs Commissioner of Police — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5401 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO. 5265 OF 2021

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IN W.P.No.5401/2023

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BETWEEN:

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SRI. SUDHIR GUPTA, S/O. NAGENDRA GUPTA, AGED ABOUT 37 YEARS, CURRENTLY RESIDING AT 615, 1^ST AVENUE, APT.331. PITTSBURGH, PA - 15219. R/AT ‘SRINIDHI’ NO.71, B.V.B HOSTEL GATE, VIDYANAGAR, HUBBALLI – 580 021.

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…PETITIONER

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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(BY SRI. C V SRINIVASA.,ADVOCATE)

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AND:

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COMMISSIONER OF POLICE, BANGALORE, INFANTRY ROAD, BANGALORE – 560 001.

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DEPUTY COMMISSIONER OF POLICE, EAST DIVISION, BANGALORE, BAZAAR STREET, ULSOOR, BANGALORE – 560 008.

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2 - NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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STATE OF KARNATAKA, BY STATION HOUSE OFFICER, EAST ZONE WOMEN'S P.S., BANGALORE – 560 001. RESPONDENT NO.1-3 REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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SMT. PRIYANKA, W/O. SUDHIR GUPTA, AGED ABOUT 31 YEARS, R/AT NO.301, CASA GRANDE APARTMENT, POORNA PRASAD ROAD, RACE COURSE ROAD, BENGALURU – 560 001.

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FOREIGN REGIONAL REGISTRARION OFFICER (FRRO), BANGALORE, BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, 5^TH FLOOR, ‘A’ BLOCK, ‘TTMC’, BMTC BUS STAND, K.H.ROAD, SHANTINAGAR, BANGALORE.

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…RESPONDENTS

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(BY SMT.WAHEEDA M.M., HCGP FOR R1 TO R3; SRI.S.RAJASHEKAR, ADVOCATE FOR R5; SRI.SUNIL KUMAR S., ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALLING UPON R-2 TO PRODUCED THE LOOK OUT CIRCULAR WHICH MIGHT HAVE BEEN ISSUED BASED ON LETTER ISSUED BY R-3 AND FURTHER BE PLEASED TO ISSUE A WRIT OF CERTIORARI TO QUASH SUCH LOC ISSUED AGAINST THE PETITIONER BY R-1 (HIS PASSPORT NO. Z2974062) IN CRIME NO.46/2020 AND NOW IN CC.NO.14396/2020 PENDING ON THE FILE OF THE HONBLE VI THE ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE

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3 - NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES MADE PENAL UNDER SEC, 498A, 506 R/W OF INDIAN PENAL CODE AND SEC 3 AND 4 OF DOWRY PROHIBITION ACT FORTHWITH.

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IN CRL.P.No.5265/2021

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BETWEEN:

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SRI. SUDHIR GUPTA, S/O. NAGENDRA GUPTA, AGED ABOUT 37 YEARS, CURRENTLY RESIDING AT 615, 1^ST AVENUE, APT.331, PITTSBURGH, PA - 15219.

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SRI.NAGENDRA GUPTA, S/O NAGARAJ SHETTY, AGED ABOUT 68 YEARS,

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SMT.SHARADHA GUPTA, W/O NAGENDRA GUPTA, AGED ABOUT 62 YEARS,

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SRI.SUNIL GUPTA, S/O NAGENDRA GUPTA, AGED ABOUT 36 YEARS,

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PETITIONERS 2 TO 4 ARE RESIDING AT ‘SRINIDHI’ NO.71, B.V.B HOSTEL GATE, VIDYANAGAR, HUBBALLI – 580 021.

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…PETITIONERS

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(BY SRI. C.V.SRINIVASA., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY STATION HOUSE OFFICER, EAST ZONE WOMEN'S P.S.,

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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BANGALORE – 560 001. REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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SMT. PRIYANKA, W/O. SUDHIR GUPTA, AGED ABOUT 31 YEARS, R/AT NO.301, CASA GRANDE APARTMENT, POORNA PRASAD ROAD, RACE COURSE ROAD, BENGALURU – 560 001.

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…RESPONDENTS

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(BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI.SUNIL KUMAR S., ADVOCATE FOR R4)

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THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14396/2020 ON THE FILE OF THE HON’BLE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU REGISTERED AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 498A, 506 R/W SECTION 34 OF IPC AND SEC.3 AND 4 OF DP ACT.

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

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ORDER

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IN W.P.No.5401/2023

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The petitioner has challenged the Look Out Circular issued by respondent No.3 in Cr.No.46/2020 now pending on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore in C.C.No.14396/2020.

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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In Crl.P.No.5265/2021

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The petitioners are sought to be prosecuted for the offence punishable under Section 498A, 506 read with Section 34 of IPC and Sections 3 and 5 of the Dowry Prohibition Act.

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The case of the prosecution is that, petitioners/accused subjected the defacto complainant to cruelty who is legally wedded wife of accused No.1 and a demand was made to bring money from parental home.

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The matter was referred to the Mediation Centre Bangalore to explore the possibility of settlement between the parties. The parties have amicably resolved the dispute among themselves before the Mediation Centre Bangalore and as per the terms of the settlement, accused No.1 and the defacto complainant have agreed to dissolve their marriage mutually in M.C.No.2465/2022 on the file of I Addl. Principal Judge, Family Court, Bangalore which is pending consideration.

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In terms of the settlement accused No.1 has agreed to pay a sum of Rs.35,00,000/- towards permanent alimony out of which a sum of Rs.20,00,000/- is paid through demand draft and the receipt of which is acknowledged by the defacto complainant who is present before the Court, subject to realization. Accused No.1 has undertaken to pay the balance amount of Rs.10,00,000/to the defacto complainant in M.C.No.2465/2022 and balance amount of Rs.5,00,000/- in the

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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petition filed under Section 12 of the Domestic Violence Act in Crl.Misc. No.83/2020.

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The second respondent who is present before the Court has stated that she has no objection for quashing the LOC as well as the impugned proceedings.

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Though the offences alleged against the petitioner/accused No.1 are cognizable and non compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves and the defacto complainant having no objection for quashing the impugned proceedings, it would be a futile exercise, if petitioner/accused No.1 is subjected to trial, since the probability of conviction of the petitioner/accused No.1 is remote and bleak. Accordingly, I pass the following

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ORDER

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i. Petitions are allowed.

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ii. The impugned LOC No.2026435171 issued by the Deputy Commissioner of Police, East Division, Bangalore against petitioner/accused No.1 issued against passport No.Z2974062 issued on 23.09.2014 to the petitioner/accused No.1 stands quashed.

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iii. The impugned proceedings in C.C.No.14396/2020 on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore is hereby quashed.

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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iv. Liberty is reserved with the respondent No.2 to revive this petition in the event the terms of settlement are not honoured by the petitioner.

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Pending IAs. does not survive for consideration.

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Sd/JUDGE

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RKA List No.: 1 Sl No.: 134

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NC: 2023:KHC:33880 WP No. 5401 of 2023 C/W CRL.P No. 5265 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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[SRI SUDHIR GUPTA VS. COMMISSIONER OF POLICE AND OTHERS]

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HCJ

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10.10.2023 (VIDEO CONFERENCING / PHYSICAL HEARING)

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ORDER ON 'FOR BEING SPOKEN TO'

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In the operative portion of the order dated 15.09.2023 at page No.6 'LOC No.2026435171' to be read as ‘LOC No.2020435171'.

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This order to be read in conjunction with the order dated 15.09.2023.

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Registry to effect necessary correction and issue fresh certified copy.

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Sd/JUDGE

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List No.: 1 Sl No.: 1

Sri Sudhir Gupta v. Commissioner of Police

Case brief

What is this about?

What did the court decide?

Sri Sudhir Gupta v. Commissioner of Police

Case brief

What is this about?

What did the court decide?

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