Disposed

Mr. a. Krishnamurthy v. the State of Karnataka

Karnataka HC10 Sept 2024CRL.P/4536/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of proceedings in a dowry harassment case under Section 498A IPC and the Dowry Prohibition Act. The parties had settled amicably via a memorandum of settlement in matrimonial proceedings and obtained divorce. The Court accepted the settlement memo and quashed the pending proceedings.

What did the court decide?

Proceedings in C.C.No.539/2012 before II Additional Civil Judge and JMFC, Hoskote, stand quashed.

Mr. a. Krishnamurthy Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:37250 CRL.P No. 4536 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4536 OF 2023

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BETWEEN:

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MR. A.KRISHNAMURTHY S/O MR. A.MUKUNDAPPA AGED ABOUT 41 YEARS R/AT 262/1, 4^TH BLOCK, 4^TH CROSS M.V.EXTENSION BASAVESHWARA NAGAR HOSKOTE – 562 114.

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MRS. A.RATNAMMA W/O MR. A.MUKUNDAPPA AGED ABOUT 63 YEARS R/AT 1-111, AVULADATLA RAYADURGAM, ANANTAPUR ANDRA PRADESH – 515 867.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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ALSO RESIDING AT: 262/1, 4^TH BLOCK, 4^TH CROSS M.V.EXTENSION BASAVESHWARA NAGAR HOSKOTE – 562 114.

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MRS. A.SUGUNA W/O ANAND AGED ABOUT 35 YEARS R/AT 1-111, AVULADATLA RAYADURGAM, ANANTAPUR ANDRA PRADESH – 562 114.

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NC: 2024:KHC:37250 CRL.P No. 4536 of 2023

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ALSO R/AT 262/1, 4^TH BLOCK, 4^TH CROSS, M.V.EXTENSION BASAVESHWARA NAGAR HOSKOTE – 562 114.

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MR. A.NAGARAJ S/O MR. A.MUKUNDAPPA AGED ABOUT 39 YEARS

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R/AT 1-111, AVULADATLA RAYADURGAM, ANANTAPUR ANDRA PRADESH – 562 114.

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ALSO R/AT 262/1, 4^TH BLOCK, 4^TH CROSS, M.V.EXTENSION BASAVESHWARA NAGAR HOSKOTE – 562 114.

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…PETITIONERS

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(BY SRI MURALIDHARA C., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY THE POLICE OF THIRUMALASHETTIHALLI P. S., BANGALORE RURAL DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001.

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MS. REVATHI NARASEGOWDA HANUMANTHARAYAPPA D/O MR. T.N.HANUMANTHARAYAPPA AGED ABOUT 35 YEARS

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NC: 2024:KHC:37250 CRL.P No. 4536 of 2023

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R/AT 34, NATIVITY CHURCH ROAD A.M.S. LAYOUT, VIDYARANYAPURA BENGALURU, KARNATAKA – 560 097.

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ALSO R/AT NO.108, SAPTHAGIRI 2^ND MAIN, 2^ND CROSS BALAJI LAYOUT, VIDYARANYAPURA BENGALURU – 560 097.

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…RESPONDENTS

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(BY SMT. SOWMYA R., HCGP FOR R1; SRI ABHISHEK D. H., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.539/2012 ARISING OUT OF CR.NO.81/2011 PENDING BEFORE THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC HOSKOTE FOR THE ALLEGED OFFENCE P/U/S.498-A OF IPC R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question proceedings in C.C.No.539/2012, pending before the II Additional Civil Judge and JMFC, Hoskote, for the offences punishable under Sections 498A r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.

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NC: 2024:KHC:37250 CRL.P No. 4536 of 2023

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Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis were before the family Court in M.C.No.3040/2022 and during the pendency of

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the matter before the family Court, they have settled the dispute amicably among themselves by entering into memorandum of settlement. Based upon the memorandum of settlement, they have parted their ways after obtaining the decree of divorce from the concerned Court. The memorandum of settlement also recognizes the closure of the present proceedings. A copy of the memorandum of settlement is also appended to the petition and a memo of settlement is filed before this Court to that effect.

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The memo of settlement reads as follows:

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“ The Petitioners and the Respondents have amicably resolved the differences and dispute between them and the Respondent No.2 represented by her GPA Holder has no objection for allowing the above petition as settled in view/terms of the Memorandum of Settlement dated 22.07.2022 in MC No.3040/2022. Therefore, the parties jointly pray that this Hon’ble Court may kindly take the instant memo of settlement on record and pass appropriate orders, in the interest of justice.”

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NC: 2024:KHC:37250 CRL.P No. 4536 of 2023

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In the light of the afore-quoted memo of settlement and since the dispute is between the husband and wife and the allegations are not against the State, I deem it appropriate to accept the memo of settlement and terminate the proceedings against the petitioners.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is disposed.

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(ii) The proceedings in C.C.No.539/2012, pending before the II Additional Civil Judge and JMFC, Hoskote, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ List No.: 1 Sl No.: 127 CT:SS

Mr. a. Krishnamurthy v. the State of Karnataka

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Mr. a. Krishnamurthy v. the State of Karnataka

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