Allowed

Sri. Bharat Bhura Chandat v. State of Karnataka

Karnataka HC29 Jan 2024CRL.P/10308/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 Cr.P.C. prayed to quash an FIR alleging dowry harassment. After recording a joint compromise and noting a settled divorce petition, the Court applied the reliefs under Gian Singh to dismiss the proceedings.

What did the court decide?

The I.A. allowed; Consequently, the criminal petition allowed. Proceedings in Crime No.56/2020 quashed.

Sri. Bharat Bhura Chandat Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:3953 CRL.P No. 10308 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 10308 OF 2023

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BETWEEN:

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SRI. BHARAT BHURA CHANDAT S/O. BURALAL CHANDAT, AGED ABOUT 29 YEARS,

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SMT. JASSUBEN BHURA CHANDAT W/O. BURALAL CHANDAT, AGED ABOUT 51 YEARS,

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SMT. RESHMA HITESH BERA W/O. HITESH MORJI BERA, AGED ABOUT 25 YEARS,

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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NO.1 TO 3 ARE R/AT NO.702, 'C' WING, SERENITY GARDENS, INSIDE EVERSHINE CITY, S-254, GOKHIWARE, TAL-VASAI, PAIGHAR DISTRICT - 401 208.

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SRI. LADHA VAIRAT S/O. NOT KNOWN, AGED ABOUT 35 YEARS, R/AT NO.105, B WING, SAGAR BUILDING, 1^ST FLOOR, APNA GHAR SOCIETY, LOKHANDWALA,

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NC: 2024:KHC:3953 CRL.P No. 10308 of 2023

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ANDHERI WEST, MUMBAI - 400 005.

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…PETITIONERS

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(BY SRI. UDAYA PRAKASH M., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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EAST ZONE WOMEN PS PULAKESHI NAGAR SUB-DIVISION, BANGALORE CITY - 560 001.

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BY SPP OF HIGH COURT OF KARNATAKA.

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SMT. BHAVIKA BHARAT CHANDAT D/O. MURJI PATEL, W/O. BHARAT BHURALAL PATEL, AGED ABOUT 25 YEARS, R/AT NO.25, 2^ND CROSS, RAJU NEW LAYOUT, HORAMAVU AGARA, NEAR CHRISTIAN COLLEGE, BANGALORE - 560 043.

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…RESPONDENTS

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(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. ADITYA BIRADAR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.56/2020 OF PULAKESHI SUB-DIVISION EAST ZONE WOMEN POLICE STATION PENDING ON THE FILE OF VI ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A, 506 OF IPC AND SECTION 3 AND 4 OF D.P. ACT.

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

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3 - NC: 2024:KHC:3953 CRL.P No. 10308 of 2023

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ORDER

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This petition is filed by the petitioner under Section 482 of Cr.P.C. for quashing the FIR in Crime No.56/2020 registered by Pulakeshinagar Police station, Bengaluru, for the offence punishable under Sections 498A and 506 of IPC and under Sections 3 and 4 of Dowry Prohibitions Act, 1961, pending on the file of 6th Additional Chief Metropolitan Magistrate, Bengaluru.

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During pendency of the petition, both petitioners and respondent No.1 appeared before this court, through their counsel and filed joint compromise application in I.A.No.1/2024 under Section 320 read with Section 482 of Cr.P.C., seeking permission for quashing the criminal proceedings against the petitioner

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It is submitted by the learned counsel that the parties i.e, petitioner No.1 and respondent No.2 have filed joint petition for divorce before the family court under Section 13(B) of Hindu marriage Act, and the same is settled between the parties.

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NC: 2024:KHC:3953 CRL.P No. 10308 of 2023

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The submission of both counsel for the parties are placed on record.

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In view of joint compromise between the parties and in view of the judgment of Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J.4934, the criminal proceedings required to be quashed.

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Accordingly, the I.A. is allowed .

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Consequently, the criminal petition is allowed. The proceedings against the petitioners in Crime No.56/2020 registered by Pulakeshinagar Police station, Bengaluru, pending on the file of 6th Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.

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Sd/JUDGE

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AKV List No.: 1 Sl No.: 84 CT:SK

Sri. Bharat Bhura Chandat v. State of Karnataka

Case brief

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Sri. Bharat Bhura Chandat v. State of Karnataka

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