Husband sought quashing of a charge sheet in a dowry-harassment case. The parties had divorced by mutual consent with an agreement that complaints be withdrawn. Finding the disputes settled, the court allowed the petition and quashed the proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 4558 OF 2018
BETWEEN:
SRINIVASULU PUTTUR,, ALSO KNOWN AS P. SRINIVASALU, ALSO KNOWN AS SRINIVAS, SON OF SRI. P.P VENAIYA ACHARI, AGED ABOUT 33 YEARS, RESIDING AT NO.11, 7TH MAIN, HOSAPALYA, NEAR MUNESWARA TEMPLE, BOMMANAHALLI POST, BANGALORE - 560 068.
…PETITIONER
(BY SRI. C G GOPALASWAMY.,ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
HOSUR MAIN ROAD, MADIVALA, BANGALORE - 560 068. REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 01.
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING (a) QUASH THE CHARGE SHEET DATED 19.01.2015 LAID IN CC NO.5037/2018 IN THE COURT OF THE III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, AT ANNEXURE C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
“Wherefore the petitioner prays this Hon'ble Court to be pleased to:
NC: 2024:KHC:11641 CRL.P No. 4558 of 2018
petitioner has received all her articles and that neither of the parties have any claim against the other. Further it is stated that the complaints filed by the petitioner No.2 therein i.e., respondent No.1 herein on 18.12.2014 and 09.01.2015 before the Madivala Police Station would be withdrawn. As aforestated, the FIR was lodged by respondent No.1 on 09.01.2015 which is also found mentioned in the decree of divorce by mutual consent passed by the First Addl. Family Court, Chennai.
:: ORDER ::
NC: 2024:KHC:11641 CRL.P No. 4558 of 2018
C.C No.5037/2018 pending before the III Addl.
Chief Metropolitan Magistrate, Bengaluru is hereby quashed.
Sd/JUDGE
AT List No.: 1 Sl No.: 44 CT: BHK
1 issue framed by the court
Whether criminal proceedings under Sections 498A and 323 IPC should be quashed where the matrimonial dispute was settled by divorce by mutual consent.
4 provisions across 3 enactments
Srinivasulu Puttur (P. Srinivasalu / Srinivas)
Ms. S. Saraswathy @ Sandhya
The State of Karnataka by Madiwala Police Station
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
