Disposed

Gajendra S/O R K Manjunath Rao Alias Manjunath v. the State of Karnataka

Karnataka HC8 Aug 2024CRL.P/102392/2024

Case brief

AI extract

What is this about?

Husband and in-laws sought quashing of dowry-harassment proceedings arising from Ballari Women Police Station Crime No.16/2022. The complainant-wife filed affidavit supporting quashing on compromise with her husband. The High Court quashed proceedings against all four accused in C.C. No.489/2022 and disposed of both petitions.

What did the court decide?

Proceedings in C.C. No.489/2022 against accused Nos.1 to 4 quashed; both petitions disposed of.

Gajendra S/O R K Manjunath Rao Alias Manjunath Vs the… — Dowry and Cruelty | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 8^TH DAY OF AUGUST 2024

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶6

CRIMINAL PETITION NO. 102392 OF 2024

¶7

C/W CRIMINAL PETITION NO. 101788 OF 2022

¶8

IN CRL. P NO.102392/2024

¶9

BETWEEN:

¶10

GAJENDRA S/O. R. K. MANJUNATH RAO, AGE: 34 YEARS, OCC: AT PRESENT NIL, R/O: 1074/1, SKANDA KRIPA, 5^TH CROSS, K. B. EXTENSION, NEAR JADHAV HOSPITAL, DAVANGERE, DISTRICT: DAVANGERE – 577002.

¶11

…PETITIONER

¶12

(BY SRI. SATISH S. RAICHUR, ADVOCATE)

¶13

AND:

¶14

BHARATHI Location:HIGH H M COURT OFKARNATAKA

¶15

THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD THROUGH WOMEN’S POLICE STATION BALLARI, DIST: BALLARI

¶16

SMT. ANKITA K. W/O. GAJENDRA KANGOKAR, AGE: 31 YEARS, OCC: PRIVATE SERVICE ALIAS HOUSE WIFE, R/O: PLOT NO. 69, TGS LAYOUT, MOKA ROAD, GANDHI NAGAR, BALLARI, DIST: BALLARI – 583103.

¶17

…RESPONDENTS

¶18

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R2)

¶19

2 - NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶20

THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS (U/SEC. 482 OF CR.P.C.) SEEKING TO CALL FOR RECORDS AND TO QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL CASE NO. 489/2022 IN OFFENCES U/SEC. 498A, 323, 504, 506, 34 OF IPC AND SEC. 354 OF DP ACT. (WOMEN POLICE STATION, BALLARI CRIME NO.16/2022) AGAINST THE PETITIONER/ ACCUSED NO.1 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC, BALLARI BY ALLOWING THIS PETITION.

¶21

IN CRL. P NO.101788/2022 BETWEEN:

¶22

SRI. MANJUNATH. K ALIAS R. K. MANJUNATH RAO, S/O. LATE SRI. RAMACHANDRAPPA, AGED 65 YEARS,

¶23

SMT.MADHUMATHI ALIAS SREEMATHI, W/O SRI.R.K.MANJUNATH RAO, AGED 58 YEARS,

¶24

THE PETITONER NOs. 1 TO 2 ARE ALL RESIDING AT, DOOR NO.1074/1, 5^TH CROSS, K.B. EXTENSION, DAVANAGERE – 577002.

¶25

SMT. SINDHU W/O. SRI. PRAVEEN AGED ABOUT 37 YEARS, NOW AT: C/O.SRI.R.K.MANJUNATH RAO, DOOR NO.1074/1, 5^TH CROSS, K.B.EXTENSION, DAVANAGERE-577002.

¶26

…PETITIONERS

¶27

(BY SRI. SATISH S. RAICHUR, ADVOCATE)

¶28

AND:

¶29

THE STATE OF KARNATAKA, BY WOMEN POLICE STATION, BALLARI-570019, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.

¶30

SMT.K.ANKITHA W/O. K.M.GAJENDRA, AGED 30 YEARS,

¶31

¶32

NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶33

C/O. SRI VIVEKANAND KOKANAY, PLOT NO.69, DOOR NO.383/A, TGS LAYOUT, MOKA ROAD, GANDHINAGARA, BALLARY – 583103.

¶34

…RESPONDENTS

¶35

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R2)

¶36

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 DATED 03.02.2022 FILED BEFORE THE RESPONDENT NO.1 THE WOMENS POLICE STATION, BALLARI, AGAISNT THE PETITIONERS NO.1 TO 3/ACCUSED NO.2 TO 4 AND QUASH THE FIR DATED 03.02.2022 REGISTERED IN CRIME NO.16/2022 FOR THE OFFENCE PUNISHABLE U/S 498A, 504, 323, 34 AND 506 OF IPC AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT 1961 REGISTERED BY THE RESPONDENT NO.1 AGAINST THE PETITIONERS NO.1 TO 3 AND QUASH THE CHARGE SHEET DATED 14.03.2022 FILED U/S 173 OF CR.P.C., 498A, 504, 323, 34 AND 506 OF IPC AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT 1961 FILED BY THE RESPONDENT NO.1 POLICE AGAINST THE PETITIONERS NO.1 TO 3 AND QUASH THE PROCEEDINGS IN CC NO.489/2022 PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, BALLARI DISTRICT, THEREBY TAKEN COGNIZANCE FOR THE OFFENCES AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE U/S 498A, 504, 323, 34 AND 506 OF IPC AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT 1961 AT ANNEXURES A, B AND C.

¶37

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

¶38

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶39

¶40

NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶41

ORAL ORDER

¶42

Criminal Petition No.102392/2024 is filed by accused No.1 and Criminal Petition No.101788/2022 is filed by accused Nos.2, 3 and 4. Both the petitions are filed seeking quashing of the proceedings in C.C. No.489/2022 arising out of Ballari Women Police Station Crime No.16/2022 registered for the offences punishable under Sections 498A, 504, 323, 506 and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as ‘DP Act’, for short).

¶43

Respondent No.2 has filed a complaint and

¶44

a case came to be registered against accused Nos.1 to 4 in Crime No.16/2022 of Ballari Women Police Station. After investigation, charge-sheet came to be filed against accused Nos.1 to 4 for offences punishable under Sections 498A, 504, 323 and 506

¶45

5 - NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶46

read with Section 34 of IPC and Sections 3 and 4 of DP Act. Based on the charge sheet, a case came to be registered against the petitioners in C.C. No.489/2022 pending on the file of the learned IV Additional Civil Judge (Junior Division) and JMFC, Ballari. The proceedings in the said criminal case are sought to be quashed in the present criminal petition.

¶47

An application is filed under Section 359 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNNS’, for short) read with Section 528 of BNNS 2023. The said application is signed by accused No.1 and respondent No.2 and it is enclosed with affidavit of accused No.1 and respondent No.2. Respondent No.2 in Criminal Petition No.101788/2022 has filed affidavit stating that she has no objection to quash the proceedings in CC No.489/2022, in view of the compromise between herself and her husband. Accused No.1 and respondent No.2 are present

¶48

6 - NC: 2024:KHC-D:11330 CRL.P No. 102392 of 2024

¶49

before the Court. Respondent No.2 submits that she has entered into compromise and there is no force or threat on her to enter into compromise.

¶50

In view of the compromise between the accused persons and respondent No.2, the proceedings against the petitioners/accused Nos.1 to 4 in C.C. No.489/2022 pending on the file of the learned IV Additional Civil Judge (Junior Division) and JMFC, Ballari are quashed.

¶51

Accordingly, both the petitions are disposed of.

¶52

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶53

kmv

¶54

CT:ANB

Gajendra S/O R K Manjunath Rao Alias Manjunath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Gajendra S/O R K Manjunath Rao Alias Manjunath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Manager (Legal) Vs Smt Rajama W/O Ramjan Alias Ramjanasab Kalikhan

Smt. Rajama W/O Ramjan Alias Ramjansab Kalikhan Vs Sri Salim S/O Shabbir Alagundi

K Thimmamma W/O Koppalleppa Vs Ministry of Revenue Department

Sri. M H Kartheek Kumar S/O M. Hussaini Vs Ismail S/O Bashu

Prakashrao S/O Shivaji Appadi Kulkarni Vs State of Karnataka

Shri. Siddappa S/O Ramappa Karidemanavar Vs Shri. Ameerahmad S/O Kutubuddin Gudagudi