Disposed

Mr. Venkat Sridhar Alias Venkata Sridhar. P v. State of Karnataka

Karnataka HC27 Nov 2024CRL.P/1232/2024

Case brief

AI extract

What is this about?

Hybrid Bench of the High Court of Karnataka disposed of a criminal petition seeking quashing of FIRs under Section 498A IPC and Dowry Prohibition Act. The court accepted a Memorandum of Settlement reflecting an amicable resolution of the matrimonial dispute between the parties.

What did the court decide?

The criminal petition is disposed and the proceedings under Crime No.0768/2023 against the petitioners stand quashed.

Mr. Venkat Sridhar Alias Venkata Sridhar. P Vs… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.1232 OF 2024

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BETWEEN:

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MR. VENKAT SRIDHAR ALIAS VENKATA SRIDHAR P. AGED ABOUT 28 YEARS S/O. PADMANABHAN.

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MR. PADMANABHAN AGED ABOUT 63 YEARS S/O. LATE RANGASWAMY.

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MRS. CHITRADEVI AGED ABOUT 60 YEARS W/O. PADMANABHAN.

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PETITIONER NOS.1 TO 3 ARE RESIDING AT FLAT NO.13 (12A) BLOCK-1, JAINS AKSHIT APARTMENT FCI ROAD, SUBHASHNAGAR GANAPATHY, COIMBATORE NORTH-641 006 TAMIL NADU.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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MR. DEEPAK ARAVIND P. AGED ABOUT 37 YEARS S/O. PADMANABHAN RESIDING AT 314 SREEDAKSHA YASHUS SIVASHAKTINAGAR THUDIYALUR SARAVANAMPATTI ROAD BEHIND ADITHYA CONVENTION CENTER SARVANAMPATTI COIMBATORE NORTH-641 035 TAMIL NADU. …PETITIONERS (BY SRI S.R. SIDDARTHA, ADVOCATE)

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NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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AND:

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STATE OF KARNATAKA REPRESENTED BY SHO BANASWADI POLICE STATION BENGALURU-560 043 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU-560 001.

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SMT. PADMASINI W/O. VENKATA SRIDHAR P. AGED ABOUT 25 YEARS RESIDING AT NO.12 SRI BALAJI NIVAS 3RD CROSS, BANASWADI BENGALURU-560 043.

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…RESPONDENTS

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(BY SMT. RASHMI PATIL, H.C.G.P., FOR R-1, & SRI KUMARA M.C., ADVOCATE, FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE PROCEEDINGS AND INVESTIGATION INCLUDING THE F.I.R. AGAINST THE PETITIONERS PENDING BEFORE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL, BENGALURU, IN CRIME NO.768 OF 2023 REGISTERED BY SHO, BANASWADI, BENGALURU, FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A OF THE I.P.C. AND SECTIONS 3 AND 4 OF THE D.P. ACT.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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ORAL ORDER

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The petitioners are before this Court calling in question the proceedings in Criminal Case No.61586 of 2024 pending before the XI Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, for the offences punishable under Section 498A of the Indian Penal Code, 1860, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis were before the Family Court in Matrimonial Case No.5847 of 2024 and during the pendency of the proceedings before this Court, the parties to the lis have settled their dispute amicably by drawing up certain terms and conditions before the Mediation Center. A photocopy of the Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, is filed before this Court to that effect.

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The Memorandum of Settlement reads as follows:

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NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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"3. Both the petitioners state that they have one female child from their wedlock namely Kathyaini, aged about two years presently under the care and custody of the 2nd petitioner/mother and continues to be so in future, for which the 1st petitioner/father has no objection. The 1st petitioner/father can visit the minor child with prior intimation to the 2nd petitioner/mother. Further the 1st petitioner/father is at liberty to talk with the minor child through video call at any time convenient of the minor child.

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4. The 1st petitioner has agreed to transfer a sum of Rs.30,000/- (Rupees Thirty Thousand Only) per month to the 2nd petitioner's account bearing No.920010073258148 Axis Bank, Devinagara Branch, Bengaluru IFSC Code UTIB0004326 till the child attains 21 years of age.

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5. The 1st petitioner has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the 2nd petitioner towards maintenance/permanent alimony as full and final settlement of all her claims. Out of the said amount the 1st petitioner shall be paid a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by way of demand draft bearing No.008023 dated 06.09.2024 drawn on HDFC Bank, Bellandur Branch, Bengaluru and the same shall be handed over to the 2nd petitioner at the time of reporting this settlement before the Hon'ble Court. The remaining balance of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) shall be paid by 1st petitioner to the 2nd petitioner by

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NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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way of demand draft and the said demand draft shall be handed over to the 2nd petitioner at the time of quashing/closing of Crime No.0768/2023 before the 11 ACMM Court, Mayohall, Bengaluru. The 2nd petitioner agreed for the same. Further the 2nd petitioner has agreed to return the bike (two wheeler) to the 1st petitioner before the 11 ACMM Court, Mayohall, Bengaluru.

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6. Both the petitioners state that, they have no claim over the movable or immovable properties existence at present or to be acquired in future.

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7. Both petitioners state that they have already exchanged their articles given or taken at the time of their marriage and as such they have no claims in this regard.

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8. In view of the settlement the 1st petitioner has agreed to co-operate to close/quash FIR bearing 0767/2023 against the 2nd petitioner which pending before 11th ACMM, Bengaluru for the offence of 324, 149 of IPC the SHO Banasawadi Police Station, Bengaluru. Further, the 2nd petitioner has agreed to cooperate to close/quash Crime No.0768/2023 filed against the 1st petitioner for the offence punishable u/s 498A of IPC R/w Section 3 & 4 of D.P.Act. which is pending before 11 ACMM, Bengaluru."

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NC: 2024:KHC:48740 CRL.P No. 1232 of 2024

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In the light of the fact that the parties have arrived at settlement by parting their ways and since it is a marital dispute, I deem it appropriate to accept the memorandum of settlement and terminate the proceedings against the petitioners, as the allegations are not against the State.

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