Disposed

Sri Santhosh Gokavi v. State of Karnataka by

Karnataka HC20 Jun 2024CRL.P/2222/2024

Case brief

AI extract

What is this about?

Husband and his family member sought quashing of criminal proceedings under Sections 498A, 506 and 34 IPC arising from a complaint by the wife. After the couple obtained a mutual-consent divorce and settled disputes through mediation, the court accepted the compromise affidavits and quashed the proceedings.

What did the court decide?

Proceedings in C.C.No.36278/2022 pending before the 5th Additional Chief Metropolitan Magistrate, Bengaluru, quashed; pending IAs disposed.

Sri Santhosh Gokavi Vs State of Karnataka by — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2222 OF 2024

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C/W

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CRIMINAL PETITION NO. 733 OF 2023 IN CRIMINAL PETITION NO. 2222 OF 2024

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BETWEEN:

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SRI. SANTHOSH GOKAVI S/O SOMANATH GOKAVI AGED ABOUT 31 YEARS RESIDING AT NO.487, 25^TH MAIN KUVEMPU NAGAR BTM 2^ND STAGE BACKSIDE GANGOTRI HOSPITAL BENGALURU – 560 076 ALSO HOSAPETE STREET SUREBAN VILLAGE, RAMDURGA BELAGAVI – 591 127.

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Digitally signed by NAGAVENI (BY SRI. BASAVARAJ HALLAD, ADVOCATE) Location: HIGH COURT OF AND: KARNATAKA

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…PETITIONER

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STATE OF KARNATAKA BY HULIMAVU STATION P. S. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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2 - NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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SMT. RANJITA W/O SANTOSH D/O PARAPPA IJERI AGED ABOUT 25 YEARS FLAT NO.1301, C2 BLOCK SNN RAJ SERINITY APARTMENT BEGUR KOPPA ROAD ELENAHALLI BENGALURU CITY – 560 068.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI. VIJAYA KUMAR G.BAGOJI, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF THE CR.P.C., PRAYING TO 1) ALLOW THIS PETITION AND QUASH COMPLAINT AND FIR REGISTERED IN CR.NO.232/2022 DATED 26.08.2022 BY THE RESPONDENT HULIMAVU P.S FOR ALLEGED OFFENCE P/U/S 498A, 506 AND 34 OF IPC, VIDE ANNEXURE-A AND B, PENDING ON THE FILE OF 5TH ACMM, BANGALORE AND ETC.,

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IN CRIMINAL PETITION NO. 733 OF 2023 BETWEEN:

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PREMA SHANKARA LINGAPPA HALLAD D/O SOMANATHGOKVI AGED ABOUT 43 YEARS NEAR LAKSHMI TEMPLE C/O MALLAPPPA KANAKAL BEHIND GBVVS COLLEGE, VEERESH NAGAR NIDAGUNDI, VIJAYAPUR – 586 101.

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…PETITIONER

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(BY SRI. BASAVARAJ HALLAD, ADVOCATE)

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3 - NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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AND:

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STATE OF KARNATAKA BY HULI MAVU STATION P.S. REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001.

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SMT. RANJITA W/O SANTOSH GOKAVI D/O PARAPPA IJERI AGED ABOUT 25 YEARS FLAT NO.1301, C2 BLOCK SNN RAJ SERINITY APARTMENT BEGUR KOPPA ROAD, ELENAHALLI BENGALURU CITY – 560 068

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…RESPONDENTS

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(BY SRI. P.THEJESH, HCGP FOR R1; SRI. VIJAYAKUMAR G.BAGOJI, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF THE CR.P.C., PRAYING TO 1.ALLOW THIS PETITION AND QUASH COMPLAINT AND FIR REGISTERED IN CR.NO.232/2022, DATED 26.08.2022 BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES P/U/S 498(A), 506, AND 34 OF IPC VIDE ANNEXURE-A AND B PENDING ON THE FILE OF 5TH A.C.M.M., BENGALURU.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in both the petitions are before this Court calling in question proceedings in C.C.No.36278/2022, pending before the 5^th Additional Chief Metropolitan Magistrate,

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4 - NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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Bengaluru, for the offences punishable under Sections 498A, 506 r/w. 34 of the IPC. The petitioner in Crl.P.No.2222/2024 is the husband and his family member in Crl.P.No.733/2023 and respondent No.2 is the complainant – wife, in both petitions.

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Learned counsel for the petitioners and respondent No.2 in both petitions, in unison submit that the parties to the lis were before the family Court in M.C.No.542/2023 and the couple have parted their way by obtaining a decree of divorce on mutual consent. 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. Applications under Sections 320 r/w. 482 of the Cr.P.C. along with affidavits in both the petitions are filed before this Court to that effect.

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The affidavit of the parties filed in Crl.P.No.2222/2023, reads as follows:

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NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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“ We state that we are the Petitioner and Respondent No.2 in the above case. We know the facts of the case, hence we jointly swear to this affidavit.

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2. We state that on the basis of the Respondent No.2/Complainant filed by the Respondent No.2/Complainant, the Complainant Police/Complainant has registered the First Information Report in their Crime No.232/2022 alleging the offences under Section-498A, 06 and 34 of Indian Penal Code and also filed the Charge Sheet in C.C.No.36278/2022 by the Complainant against the Accused/Petitioner alleging the offences under Section-498A, 506, and 34 of the Indian Penal Code in C.C.36278/2022. We state that the First Information Report in Crime No.232/2022 and Charge Sheet was also filed before the Hon'ble 5^th Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City in C.C.No.36278/2022.

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3. We state that the Petitioner namely Sri.Santhosh Gokavi and Respondent No.2 herein namely Smt.Ranjitha Santhosh Gokavi @ Smt Ranjitha Parappa Ijeri have filed Petition under Section 13-B of the Hindu Marriage Act-1955, before the Hon'ble Principal Senior Civil Judge, Bengaluru Rural District, At - Bengaluru in M.C.No.542/2023 seeking Mutual Consent Divorce. We state that the said M.C.No.542/2023 came to be allowed on 01.12.2023 by the Hon'ble Principal Senior Civil Judge, Bengaluru Rural District, At Bengaluru.

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4. We state that Petitioner has filed the Present Criminal Petition being Criminal Petition No.2222/2024 before this Hon'ble Court and sought for to Quash all the Proceedings in C.C.No.36278/2022 on the file of the Hon'ble 5^th Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City for the offences under Section-498A, 506 and 34 of Indian Penal Code.

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5. We state that in view of settlement arrived between the Petitioner and Respondent No.2 in the mediation

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NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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M.C.No.542/2023 on the file of Hon'ble Principal Senior Civil Judge, Bengaluru Rural District, At - Bengaluru and in view of reporting of the same to Hon'ble Principal Senior Civil Judge, Bengaluru Rural District, At - Bengaluru in M.C.No.542/2023, the Petitioner and the Respondent jointly prays to this Hon'ble Court may kindly be please to accept the compromise and further please to quash all the Proceedings C.C.No.36278/2022 on the file of the Hon'ble 5^th Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City for the offence under Section - 498A, 506 and 34 of Indian Penal Code.

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6. We state that the Petitioner and the Respondent jointly prays to this Hon'ble Court may kindly be please to accept the compromise and further please to quash the Quash all the Proceedings in C.C.No.36278/2022 on the file of the Hon'ble 5^th Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City for the offences under Section - 498A, 506 and 34 of Indian Penal Code and further please to acquit the Petitioner in C.C.No.36278/2022 on the file of the Hon'ble 5^th Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City in the interest of justice and equity.”

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In the light of the fact that the parties have partied their ways and arrived at settlement; as the dispute revolves between the husband and the wife and their near relative, I deem it appropriate to accept the applications and the affidavits and terminate the proceedings against the petitioners in both the petitions, as the allegations are not against the State.

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7 - NC: 2024:KHC:22275 CRL.P No. 2222 of 2024 C/W CRL.P No. 733 of 2023

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petitions are disposed.

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(ii) The proceedings in C.C.No.36278/2022, pending before the 5^th Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

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Pending I.As’. if any, in these petitions are also disposed,

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as a consequence.

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Sd/JUDGE

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NVJ List No.: 1 Sl No.: 73 CT:SS

Sri Santhosh Gokavi v. State of Karnataka by

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Sri Santhosh Gokavi v. State of Karnataka by

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