High Court of Karnataka quashed criminal proceedings under Sections 498A, 504, 506 IPC and DP Act, holding that offences were not against the State and parties had reached a settlement under Section 89 CPC.
Criminal proceedings in C.C.No.58728/2018 standing quashed and Criminal Petition disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1669 OF 2024
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
THE PETITIONER NO. 1 TO 4 ARE RESIDING AT H.NO.1-22, UKOTHAPALLI VILLAGE AND POST, EAST GODHAVARI TALUK - 533 447, ANDRA PRADESH STATE.
NOW R/AT NO.10-95/4, GREEN GARDEN AREA PULGALLI PALEM PENDURTI, VISHAKHAPATNAM - 531 173, ANDRA PRADESH STATE.
…PETITIONERS
(BY SRI. NAIK RAMACHANDRA RAMA, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; R2 - SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN THE PROCEEDINGS OF C.C.NO.58728/2018 (CR.NO.584/2017) ON THE FILE LEARNED X ACMM MAYO HALL AT BENGALURU FOR THE OFFENCE P/U/S.498-A, 504, 506, 323 R/W 34 OF IPC R/W SEC.3, 4 OF DP ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners call in question the proceedings in C.C.No.58728/2018 registered for an offence punishable under Sections 498(A), 504, 506, 323 read with 34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
it transpires that the parties to the lis have entered into a
NC: 2024:KHC:48286 CRL.P No. 1669 of 2024
settlement and the memorandum of settlement reads as follows:
“ MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
parties as afore-quoted and the offences not being against the State, I deem it appropriate to accept the same and terminate
the proceedings impugned and I pass the following:
ORDER
ii. Proceedings against the petitioners in C.C.No.58728/2018 (crime No.584/2017) pending before the X Additional Chief Metropolitan Magistrate Mayo Hall, Bangalore, stands quashed.
Sd/(M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 2 CT: BHK
1 issue framed by the court
Whether criminal proceedings under IPC and DP Act should be quashed upon settlement between parties.
2 provisions across 2 enactments
Sri. DUNNA GOPIKRISHANA @ DUNA GOPI
Smt. RATHANA
Smt. DUNNA SUBHADRA
Sri. DUNNA SRINIVASA RAO
Smt. LATHA
THE STATE OF KARNATAKA
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
