Dismissed

Smt Meena N R v. State of Karnataka by

Karnataka HC26 Sept 2024CRL.P/1119/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of an FIR under Section 498-A IPC and the Dowry Prohibition Act, holding that the dispute between private parties had settled with the payment of consideration and undertaking to withdraw complaints.

What did the court decide?

The impugned FIR in Cr. No.252/2023 registered for offences under Sections 498-A IPC, 34 IPC and Sections 3, 4 Dowry Prohibition Act is quashed.

Smt Meena N R Vs State of Karnataka by — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1119 OF 2024

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BETWEEN:

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SMT. MEENA N.R, W/O ERANNA, AGED ABOUT 50 YEARS, R/A NO. 37, SGM SCHOOL ROAD, GOVT. ELECTRIC FACTORY, AVALAHALLI, BENGALURU - 560 026.

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SMT. VINUTHA K, W/O B. ANAND, AGED ABOUT 29 YEARS,

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SRI. ANAND S, S/O SHIVANNA, AGED ABOUT 41 YEARS,

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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BOTH PETITIONER NO.2 AND 3 ARE RESIDING AT NO. 27/1, 1ST FLOOR, 2ND MAIN, 6^TH CROSS, BYATARAYANAPURA MYSURU ROAD, BENGALURU - 560 026.

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SMT. SHANTHA, W/O KRISHNA, AGED ABOUT 53 YEARS,

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SRI. VINAY K, S/O KRISHNA, AGED ABOUT 27 YEARS,

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2 - NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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BOTH PETITIONER NO.4 AND 5 ARE RESIDING AT NO. 22E, 5TH MAIN, AVALAHALLI, GOVT. ELECTRIC FACTORY, BENGALURU - 560 026.

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…PETITIONERS

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(BY SRI. ROSHAN M.C, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY EAST ZONE WOMEN P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001.

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SMT. LATHA B.S, W/O PAVAN GOWDA, AGED ABOUT 28 YEARS, R/AT NO. 180, 1ST MAIN ROAD, KEMPEGOWDA LAYOUT, LAGGERE, BANGALORE - 560 056.

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…RESPONDENTS

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(BY SRI. THEJESH P, HCGP FOR R1; SRI. SHIVAMURTHI A.R, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO ALLOW THIS PETITION AND QUASH COMPLIANT AND FIR REGISTERED IN CR.NO.252/2023 DATED 23.12.2023 REGISTERED BY THE EAST ZONE WOMEN POLICE STATION, PULIKASHI NAGAR SUB DIVISION FOR THE ALLEGED OFFENCE P/US.498-A AND 34 OF IPC AND SEC.3, 4 OF DP ACT 1961 VIDE ANNEXURE A AND B PENDING ON THE FILE OF THE 6th ACMM AT BENGALURU.

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NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, 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 petitioners are before this Court calling in question registration of FIR in CrimeNo.252/2023 registered for offence punishable under Section 498A, read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Heard the learned counsel Sri. Roshan M.C., appearing for the petitioners, Sri. P. Thejesh learned HCGP appearing for respondent No.1 and learned counsel Sri. Shivamurthy A.R., appearing for respondent No.2.

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Learned counsel for the petitioners and learned counsel for respondent No.2 submit that during the pendency of petition the parties to the lis have settled the dispute amongst themselves and have filed joint memo.

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The joint memo reads as follows:

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NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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"JOINT MEMO

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The undersigned counsel and the petitioners herein most respectfully prays this Hon'ble court as follows:

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That the petitioners herein had filed the above case seeking quashing of the FIR and complaint dated 23/12/2023 in Cr. No. 252/2023 for the offences punishable under Section 498(A), 34 of Indian Penal Code and under Sec 3,4 Dowry Prohibition Act, 1961 registered by the East Zone Women Police Station against these petitioners and husband of the Respondent no.2.

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That the respondent no.2 herein is the daughter in-law of the Petitioner no.1 and further the distinct relative of the Petitioner No.2-5. Further, the husband of the Respondent no.2 had filed a petition before the Hon'ble IV Addl. Prl. Judge, Family Court at Bengaluru in M.C. No. 1854/2024 under Sec. 13(1) (i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage with the Respondent No.2.

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That the said matter in M.C. No. 1854/2024 came to settled before the mediation for Rs. 6,25,000/- towards all the claims of maintenance and also permanent alimony either past, present or in future by the husband of the Respondent No.2. further it is agreed between the Respondent No.2 and the husband of the Respondent No.2 that the Respondent No.2 herein will withdraw all the cases initiated against the husband and his parents and his relatives before the different forums.

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That the Respondent No.2 also undertakes to cooperate in withdrawal of the complaint filed before the Respondent No.1 police station in Cr. No. 252/2023 pending before the Hon'ble VI ACMM, Bengaluru with a condition that the after paying the remaining balance of Rs. 1,25,000/- (One Lakh Twenty- five thousand only) before the Hon'ble High Court of Karnataka.

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NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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That the Petitioner today in complying with the settlement report drawn before the Bengaluru Mediation Centre in M.С. No. 1854/2024 is handing over the Demand Draft of Rs. 1,25,000/- (One Lakh Twenty-five thousand only) drawn on Kotak Mahindra bank, Girinagara Branch, Bengaluru, dated 19/09/2024 in favour of Respondent No.2 herein. Further the Respondent No.2 herein had acknowledge the receipt of the D.D received. Hence this joint memo.

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Wherefore the Petitioners and the Respondent No.2 herein most respect prays this Hon'ble court to be pleased to dispose off the petition as settled and further to quash the FIR and complaint dated 23/12/2023 filed by the Respondent police for the offence punishable under Section 498(A), 34 of Indian Penal and under Sec 3,4 Dowry Prohibition Act, 1961, in Cr.no.252/2023 the interest of justice and equity."

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4. In the light of the afore-quoted joint memo, I

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deem it appropriate to accept the joint memo and quash

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the impugned FIR, as the dispute is between the private

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parties and the allegations are not against the State.

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For the aforesaid reasons the following:

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ORDER

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a) The criminal petition is disposed.

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b) The impugned FIR registered in Crime

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No.252/2023 registered for offence punishable under Section 498A, read with Section 34 of

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NC: 2024:KHC:41292 CRL.P No. 1119 of 2024

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Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 stands

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quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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BVK List No.: 2 Sl No.: 145 CT: BHK

Smt Meena N R v. State of Karnataka by

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Smt Meena N R v. State of Karnataka by

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