Allowed

Sri.Lokesh M.R. v. State of Karnataka

Karnataka HC17 Jan 2024CRL.P/2764/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of proceedings for offences under Sections 498A and 323 IPC arising from a matrimonial dispute. Parties filed a compromise application seeking compounding; divorce had been granted by the Family Court. Following Gian Singh v. State of Punjab, the court permitted compounding and quashed the proceedings.

What the court decided

AI extract

Sri.Lokesh M.R. Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:2284 CRL.P No. 2764 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2764 OF 2023

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BETWEEN:

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SRI. LOKESH M.R., S/O LATE RAMAKRISHNA, AGED ABOUT 44 YEARS.

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SMT. RUKMINI, W/O LATE RAMAKRISHNA, AGED ABOUT 66 YEARS.

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BOTH ARE R/AT NO.1707, 22^ND CROSS, ROOPA NAGARA, DASANAKOPPALU, JAYAPURA HOBLI, MYSORE DISTRICT.

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…PETITIONERS

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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(BY SMT. VAIJAYANTHIMALA B., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY WOMEN'S POLICE STATION, DEVARAJA DIVISION, MYSORE CITY, REPRESENTED BY HIGH COURT PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

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NC: 2024:KHC:2284 CRL.P No. 2764 of 2023

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SMT. SUSHMA, W/O SRI. M.R. LOKESH, AGED ABOUT 40 YEARS, R/AT NO.61, 2^ND CROSS, 'F' BLOCK, J.P. NAGAR, MYSORE.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1/STATE; SRI. BASAVARAJAIAH, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO.122/2020 A/O CRIME.NO.148/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323 R/W 34 OF IPC ON THE FILE OF THE HONBLE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSORE.

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THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioners/accused nos.1 and

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2 under Section 482 of Cr.P.C., for quashing criminal proceedings in C.C.No122/2020 arising out of Crime No.148/2019 registered by the Women Police Station, Mysuru, City for the offences punishable under Sections 498A & 323 R/w 34 of IPC, pending on the file of VII Addl. Senior Civil Judge & JMFC, Mysuru.

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During pendency of the petition, both the parties have appeared before the Court along with their counsels and filed compromise application along with affidavit on

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3 - NC: 2024:KHC:2284 CRL.P No. 2764 of 2023

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I.A.No.1/2024 under Section 320 R/w Section 482 of Cr.P.C., seeking permission of this Court to compound the offence and submits that they have settled their dispute between them amicably.

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Learned counsel appearing for the petitioners

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submits that, the parties have dissolved the dispute and divorce has been granted by the Family Court, Mysuru.

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Learned counsel appearing for respondent no.2

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submits that he has no objection to allow the petition.

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Considering the above and in view of the judgment

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of the Hon'ble Supreme Court in the case of GIAN SINGH V.

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STATE OF PUNJAB - (2012) 10 SCC 303 , wherein it has been held that in cases where the parties have settled the dispute between them in respect of a matrimonial case, the court can quash the proceedings.

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Accordingly, I.A.No.1/2024 is allowed. The parties

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are permitted to compound the offence. Consequently, criminal petition is allowed .

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NC: 2024:KHC:2284 CRL.P No. 2764 of 2023

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The proceedings against the petitioners in

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C.C.No122/2020 arising out of Crime No.148/2019 registered by the Women Police Station, Mysuru, City for the offences punishable under Sections 498A & 323 R/w 34 of IPC, pending on the file of VII Addl. Senior Civil Judge & JMFC, Mysuru is hereby quashed.

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Sd/JUDGE

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NMS CT:SNN

Sri.Lokesh M.R. v. State of Karnataka

Case brief

What is this about?

What the court decided

Sri.Lokesh M.R. v. State of Karnataka

Case brief

What is this about?

What the court decided

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