Husband and his family sought quashing of an FIR under Sections 498A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The parties settled their matrimonial disputes before the Family Court through a memorandum of settlement. Accepting the settlement between private parties, the High Court quashed the FIR and complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:41216 CRL.P No. 12925 of 2023 C/W CRL.P No. 6066 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12925 OF 2023
C/W
CRIMINAL PETITION NO. 6066 OF 2022
IN CRL.P No. 12925/2023
BETWEEN:
SRI. SANDEEP AYYAPPA, S/O AYYAPPA MADEPANDA CHINNAPPA, AGED ABOUT 41 YEARS, PERMANENTLY R/AT NO. 4-65/1 KAVERI NIVAS, DIDIMBRI,MUDAR, UDUPI-574 122 NOW R/AT NO. 501 SRI. DURGA BUILDING, Digitally signed by KAVYA G ABOVE KANKADURGA GARMENTS, Location: High LAXMI NAGAR COLONY, Court of Karnataka GUNDLAPOCHAMPALLI, KOMPALLY, MEDCHAL DISTRICT, HYDERBAD-500 014 MB. NO. 9886043388 MAIL. ID. [email protected]
…PETITIONER
(BY SMT. THANUJA M.V., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1; SRI. G. NARSIREDDY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR / COMPLAINT IN CR.NO.187/2022 REGISTERED BY THE RESPONDENT NO.1 ON THE COMPLAINT OF RESPONDENT NO.2 FOR THE OFFENCES P/U/S 498A, 506 IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961, PENDING ON THE FILE OF XXXVII ACMM, BENGALURU, VIDE ANNEXURE-A AND B, IN SO FAR AS PETITIONER.
IN CRL.P NO. 6066/2022
BETWEEN:
PETITIONER NO.1 TO 3 ARE R/AT KAVERI NIVASA, NEAR JUNIOR COLLEGE, MUDAR BAJAGOLI POST, KARKALA TALUK, UDUPI DISTRICT -574 122
...PETITIONERS
(BY SMT. THANUJA M V., ADVOCATE)
AND:
M.V. LAYOUT NO.72, MUDDINAPALYA NAGARBHAVI, BENGALURU -560 091
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1; SRI. G. NARSIREDDY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.187/2022 REGISTERED BY THE BASAVANAGUDI WOMEN P.S., BENGALURU CITY RESPONDENT NO.1 U/S 498A,506 OF IPC R/W SEC.3,4 OF D.P ACT PENDING ON THE FILE OF THE XXXVII A.C.M.M., BENGALURU VIDE ANNEXURE-A IN RESPECT OF THESE PETITIONERS.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question registration of FIR and complaint in Crime No.187/2022 pending before the XXXVII Additional C.M.M. at Bengaluru registered for offences punishable under Sections 498A and 506 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
settlement reads as follows:
"7. Both petitioners agree that they have no claims of maintenance/permanent alimony against each other, as both of them are gainfully employed.
NC: 2024:KHC:41216 CRL.P No. 12925 of 2023 C/W CRL.P No. 6066 of 2022
The 1st petitioner has agreed to withdraw all the cases filed against the 2nd petitioner and his family members and also shall co-operate in closing/quashing before the Hon'ble High Court of Karnataka, Bengaluru."
4. In the light of the memorandum of settlement
filed by the parties, I deem it appropriate to accept the terms of settlement and terminate the impugned proceedings, as the dispute is between the private parties
and the allegations are not against the State.
For the aforesaid reasons the following:
NC: 2024:KHC:41216 CRL.P No. 12925 of 2023 C/W CRL.P No. 6066 of 2022
ORDER
Sd/(M.NAGAPRASANNA) JUDGE
BVK List No.: 2 Sl No.: 90
1 issue framed by the court
Whether the FIR in Crime No.187/2022 under Sections 498A and 506 IPC and Sections 3 and 4 DP Act should be quashed given the parties' memorandum of settlement.
6 provisions across 4 enactments
Sri. Sandeep Ayyappa
M.A. Shakunthala
M.C. Ayyappa
M.A. Sunil Kumar
Smt. Sowmya Ramesh
The State of Karnataka (Basavanagudi Women Police Station)
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
