Disposed

Sri. Kishore.P v. the State of Karnataka

Karnataka HC14 Nov 2024CRL.P/10468/2024

Case brief

AI extract

What is this about?

Husband sought quashing of charge sheet in a marital dispute under Sections 498A, 307 r/w 34 IPC and Section 4 Dowry Prohibition Act. Parties had divorced and settled amicably; respondent-wife filed a joint memo consenting to withdrawal. The Court accepted the joint memo and quashed the impugned sessions proceedings.

What did the court decide?

Impugned proceedings in S.C.No.1083/2021 quashed; I.A.No.1/2024 also disposed as consequence.

Sri. Kishore.P Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:46370 CRL.P No. 10468 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10468 OF 2024

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BETWEEN:

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SRI KISHORE P., S/O PRAKASH V., AGED ABOUT 37 YEARS RESIDING AT FLAT NO. A-204 AVANI HILLS APARTMENT 4^TH CROSS, 3^RD STAGE BEML LAYOUT, GATTIGERE RR NAGAR BENGALURU – 560 098.

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…PETITIONER

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(BY SRI LAKSHMISHA B.S., AND SRI SATHISHA D.J., ADVOCATES)

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR BEEDI BENGALURU – 560 001.

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SMT.RAKSHA AMARESH W/O KISHORE P., D/O AMARESH

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NC: 2024:KHC:46370 CRL.P No. 10468 of 2024

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AGED ABOUT 34 YEARS RESIDING AT NO.7 2^ND MAIN, RMV 2^ND STAGE 4^TH BLOCK BENGALURU – 560 094.

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…RESPONDENTS

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(BY SMT.RASHMI PATIL,HCGP FOR R-1; SRI T.A.CHANDRA SEKHAR, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1/RAJARAJESHWARI NAGAR POLICE STATION IN CRIME NO.183/2019 FOR THE OFFENCE P/U/S 498A, 307 R/W 34 OF IPC ALONG WITH SECTION 4 OF DOWRY PROHIBITION ACT, CONSEQUENTLY QUASH THE PROCEEDINGS IN SC NO.1083/2021 PENDING ON THE FILE OF LEARNED LXXI ACC AND SESSION JUDGE, AT BENGALURU.

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THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner – husband is before this Court calling in question proceedings in S.C.No.1083/2021, pending before the Principal City Civil and Sessions Judge, Bengaluru, for the offences under Sections 498A, 307 r/w. 34 of the IPC and Section 4 of the Dowry Prohibition Act.

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NC: 2024:KHC:46370 CRL.P No. 10468 of 2024

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Learned counsel for the petitioner and respondent No.2, in unison submit that the parties to the lis were before the family Court in M.C.No.2041/2022 and the concerned family Court has passed the judgment on 16.07.2024 granting decree of divorce in the aforesaid petition. Now the couple have parted their way after obtaining the decree of divorce. It is also their submission that during the pendency of this petition, the parties have settled the dispute amicably among themselves and respondent No.2 on her own will has agreed to withdraw the impugned proceedings. A joint memo is filed before this Court to that effect.

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The joint memo filed by the petitioner and respondent

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No.2 reads as follows:

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“2. The petitioner and respondent no.2 being the husband and wife and their marriage was solemnized on 2/12/2018, and subsequently they have been living separately since 16/3/2019. In view of the same, the petitioner had filed a petition in MC No.2041/2022 as against the respondent No.2 seeking the relief of dissolution of marriage between the parties before the VI Additional Principal Judge Family Court, Bangalore, during the pendency of said proceeding, the said matter was referred to the mediation Center, the petitioner and respondent No.2 have decided and agreed to get the marriage between them dissolved by a decree of divorce.

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NC: 2024:KHC:46370 CRL.P No. 10468 of 2024

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Hence, the petitioner husband has agreed to paid Rs.9,00,000/- to the respondent towards all her claims of maintenance/ permanent alimony as full and final settlement by way of DD bearing No.026452 dated 15/7/2024 drawn on HDFC bank, Rajarajeshwari Branch, Bangalore, hence, the parties are settle the dispute before mediation Center and report is also sand to the court and same is accepted by the learned Family court, Bangalore. Copy of the memorandum of settlement and order sheet in MC No.2041/2022 is herewith produced along with the petition.

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3. In view of the settlement arrived to between the parties in the memorandum of settlement paragraph no.8 is clearly state that, the respondent No.2 has also agreed to assist in Closing/Quashing SC No.1083/2021 before the appropriate court, in view of the same, the respondent No.2 has no objection to quash the impugned proceeding in view of the settlement arrived between the parties before the trial court.

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4. During the pendency of the above petition, at the intervention of well-wishers the parties have arrived at a settlement and parties are decided to end the dispute in the said compromise. The alleged offences punishable under sections 498A, 307 R/w section 34 of IPC is tried by sessions Judge, Hence, it is required to be quash the impugned proceeding in pursuance of the charge sheet shall become necessary.

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5. The alleged offences are not punishable death or life imprisonment. Hence, this Hon'ble court had discretionary power under section 482 of CRPC to quash the impugned proceeding in pursuance of the charge sheet, that effect parties are settle the dispute by filling a joint memo and signed by the respective parties. If it is not quash the aforesaid impugned proceeding in SC No.1083/2021 the petitioner would suffer much loss and injury.

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6. The respondent No.2 who is the complainant have no objection to quash the aforesaid impugned proceeding in SC No.1083/2021 alleged offences against the petitioner.

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NC: 2024:KHC:46370 CRL.P No. 10468 of 2024

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7. The parties have resolved and compromise the dispute between them. The petitioner and respondent No.2 have entered in to this joint memo on their free will and violation and there is no threat, force, coercion, undue influence in entering this compromise.”

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In the light of the fact that the parties have already parted their

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ways and arrived at settlement and as it is a marital dispute, I deem it appropriate to accept the joint memo and terminate the proceedings against the petitioner, as the allegations are not against the State.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The impugned proceedings in S.C.No.1083/2021, pending before the Principal City Civil and Sessions Judge (CCH-72), Bengaluru, stand quashed.

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I.A.No.1/2024 is also disposed, as a consequence.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ

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List No.: 1 Sl No.: 38

Sri. Kishore.P v. the State of Karnataka

Case brief

What is this about?

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Sri. Kishore.P v. the State of Karnataka

Case brief

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