Allowed

Gopal H T v. the State of Karnataka

Karnataka HC12 Jan 2024CRL.P/3112/2023

Case brief

AI extract

What is this about?

Accused sought quashing of criminal proceedings under Sections 504 and 506 IPC arising from a complaint by his former wife. The matrimonial dispute was settled before mediation with a consent divorce, where the complainant undertook to withdraw all proceedings but did not. The Court held continuance would be an abuse of process and quashed the proceedings.

What did the court decide?

Criminal proceedings in C.C. No.37107/2022 (Crime No.192/2022) quashed.

Gopal H T Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:2056 CRL.P No. 3112 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 3112 OF 2023

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BETWEEN:

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GOPAL H.T. S/O THIMMAPPA AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O NO.112/3 GROUND FLOOR, 8^TH CROSS, 4^TH MAIN ROAD, CHAMARAJAPETE, BENGALURU - 560 018.

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…PETITIONER

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(BY SRI. P.B.UMESH, ADVOCATE FOR SRI. R.B.DESHPANDE, ADVOCATE)

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AND:

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Digitally signed by SHOBHA C Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY GOVINDARAJA NAGAR POLICE STATION, VIJAYANAGARA SUB-DIVISION, BENGALURU CITY - 560 040. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001.)

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RESHMA KUMARI B D/O MOHAN RAO B AGED ABOUT 44 YEARS, OCC: ACCOUNTS MANAGER, KANGAROO CARE, WOMEN AND CHILDREN HOSPITAL, VIJAYANAGARA, R/O NO.22, 6^TH CROSS, SARAWATHINAGARA, GOVINDARAJA NAGARA, BENGALURU CITY - 560 040.

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2 - NC: 2024:KHC:2056 CRL.P No. 3112 of 2023

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ALSO AT:

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ACCOUNTS MANAGER, KANGAROO CARE, WOMEN AND CHILDREN HOSPITAL, NO.89, M.C.LAYOUT, NEAR BALAGANGADHARANATHA SWAMY METRO STATION, VIJAYANAGARA,

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BENGALURU CITY - 560 040.

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…RESPONDENTS

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(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI. N.K.HARISH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.37107/2022 PENDING ON THE FILE OF XXIV ADDL.C.M.M., BENGALURU (CHARGE SHEETED FOR THE OFFENCE P/U/S 504, 506 OF IPC IN CR.NO.192/2022 OF GOVINDARAJA NAGAR POLICE STATION, BENGALURU).

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

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ORDER

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This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing criminal proceedings in C.C. No.37107/2022 arising out of Crime No.192/2022 registered by Govindaraja Nagar Police Station, Bengaluru, and charge sheeted for the offences punishable under Sections 504 and 506 of IPC, pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru.

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NC: 2024:KHC:2056 CRL.P No. 3112 of 2023

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Heard the learned counsel appearing for the petitioner, learned High Court Government Pleader for respondent No.1-State.

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Learned counsel appearing for respondent No.2 has remained absent.

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The case of the petitioner is that the respondent No.2 filed a complaint alleging that prior to four years of the incident, the complainant married the petitioner herein. There was difference of opinion between them. On the date of incident, the petitioner came inside the hospital, where the complainant was working, called her outside, abused her in filthy language and threatened with dire consequences. After registration of the complaint, the police obtained permission of the Magistrate and registered FIR for the offences punishable under Sections 504 and 506 of IPC and filed charge sheet.

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During the pendency of the investigation, there was matrimonial case pending between the petitioner and respondent No.2 and in the matrimonial case, there was compromise entered into between the parties and the consent

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NC: 2024:KHC:2056 CRL.P No. 3112 of 2023

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divorce was granted by the Family Court, where the respondent-complainant undertook to withdrew all the proceedings/cases against the petitioner. As per the terms of the compromise, the complainant has not withdrawn the cases.

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The order passed in M.C. No.910/2023 by the Family Court and the memorandum of settlement entered into before the Mediation Centre is produced, where at column No.10 of the settlement, it reveals that the petitioners shall withdraw all the allegations made against each other in all the proceedings in all/any Forum.

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Considering the same, respondent No.2 undertook to withdraw all the allegations made against the petitioner. Therefore, she has to withdraw the criminal proceedings of this case also. The matrimonial case was settled between the parties and the divorce has been granted. Therefore, continuance of proceedings against the petitioner is abuse of process of law.

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NC: 2024:KHC:2056 CRL.P No. 3112 of 2023

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Accordingly, the criminal petition is allowed. The criminal proceedings in C.C. No.37107/2022, arising out of Crime No.192/2022 registered by Govindaraja Nagar Police Station, and pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.

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Sd/ JUDGE

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CS List No.: 1 Sl No.: 57 CT:SK

Gopal H T v. the State of Karnataka

Case brief

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Gopal H T v. the State of Karnataka

Case brief

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