Allowed

Sri Amit Kumar Nepak v. State of Karnataka

Karnataka HC10 Jan 2024CRL.P/10815/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash dowry-related proceedings was allowed after the parties amicably settled their dispute and reunited; the court permitted compounding under Section 320 Cr.P.C. and quashed the charge-sheeted case against the accused.

What did the court decide?

Criminal proceedings in CC No.8177/2021 against accused Nos. 1, 3 to 5 quashed upon permission to compound offences.

Sri Amit Kumar Nepak Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:1323 CRL.P No. 10815 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 10815 OF 2023

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BETWEEN:

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SRI AMIT KUMAR NEPAK S/O LATE BANAMALLI NEPAK AGE 35 YEARS, R/A NO 29, SATHYAM STREET 2ND CROSS, MARATHAHALLI, BENGALURU - 560068

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SMT. JAYALAKSHMI NEPAK W/O LATE BANAMALLI NEPAK AGE MAJOR

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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KUM REENA NEPAK D/O LATE BANAMALLI NEPAK AGE MAJOR

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JAYASHREE NEPAK D/O LATE BANAMALLI NEPAK AGE MAJOR

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PETITIONER NOS.2 TO 4 ARE RESIDING AT NO 17598/26, GAJAPATI NAGAR, 3RD LINE, BRAHMAPUR GANJAM ODIHSA - 760010

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…PETITIONERS

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(BY SRI VINOD S., ADVOCATE)

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2 - NC: 2024:KHC:1323 CRL.P No. 10815 of 2023

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AND:

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STATE OF KARNATAKA BY VARTHUR POLICE STATION, BANGALORE

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SMT. GOWTAMI MOHANTY W/O AMIT KUMAR NEPAK, AGE 34 YEARS R/A G- 17 SUMADHURA SANDOVAL, TUBRAHALLI, VIBYOR HIGH SCHOOL ROAD, BANGALORE - 560066

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…RESPONDENTS

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(BY SRI K.NAGESHWARAPPA, HCGP FOR R1 AND SRI BASAVARAJ R.Y., ADVOCATE FOR R2)

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CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLIANT DATED 06.11.2020 REGISTERED IN FIR NO.241/2020 AND CHARGE SHEET FOR THE OFFENCE P/U/S.498-A,323,504 R/W SEC.149 OF IPC AND SEC.3,4 OF DP ACT IN C.C.NO.8177/2021 PENDING ON THE FILE OF 2nd ADDITIONAL CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DISTRICT AT BENGALURU.

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

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3 - NC: 2024:KHC:1323 CRL.P No. 10815 of 2023

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ORDER

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This appeal is filed by the petitioners - accused Nos. 1, 3, 4 and 5 under Section 482 of Cr.P.C. for quashing the proceedings in CC No.8177/2021 on the file of the II Addl. Chief Judicial Magistrate, Bangalore Rural District at Bengaluru arising out of the Cr. No. 241/2020 of Varthur Police Station, and charge sheeted for the offences punishable under Sections 498A, 323, 504 r/w 149 of IPC and Sections 3 and 4 of the DP Act.

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During the pendency of this case, both petitioners and respondent No.2 appeared before the Court and submit that they amicably settled the dispute between them and filed a joint compromise application - IA No.1/2024, under the provisions of Section 320 r/w 482 of Cr.P.C. seeking permission of this Court for compounding the offences. It is also submitted that petitioner No.1 and respondent No.2 have joined together and leading a happy married life and even they compromised the dispute between them before the Family Court, Bengaluru in M.C. No.922/2022 since they are living together as husband and wife.

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NC: 2024:KHC:1323 CRL.P No. 10815 of 2023

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Submission of the parties and their respective counsel are placed on record.

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In view of the parties reunion, the Court can compound the offences. Accordingly, IA No.1/2024 and parties are permitted to compound the offences.

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Consequently, the petition is allowed and the Criminal proceedings in CC No.8177/2021 on the file of the II Addl. Chief Judicial Magistrate, Bangalore Rural District at Bengaluru arising out of the Cr. No. 241/2020 of Varthur Police Station and charge sheeted for the offences punishable under Sections 498A, 323, 504 r/w 149 of IPC and Sections 3 and 4 of the DP Act against accused No.1, 3 to 5, are hereby quashed.

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Sd/JUDGE

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VK List No.: 1 Sl No.: 23

Sri Amit Kumar Nepak v. State of Karnataka

Case brief

What is this about?

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Sri Amit Kumar Nepak v. State of Karnataka

Case brief

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