Allowed

Nagesha(Shown in Charge Sheet) Nagesh K S v. State of Karnataka

Karnataka HC23 Apr 2024CRL.P/572/2024

Case brief

AI extract

What is this about?

Accused nos.1 to 5 sought quashing of proceedings in a dowry and assault FIR after amicable settlement; parties had settled via memorandum before Family Court and obtained divorce. Relying on Supreme Court guidance on inherent powers over non-compoundable offences, the High Court quashed all proceedings against the petitioners.

What did the court decide?

Entire proceedings in C.C.No.810/2023 arising out of Crime No.11/2023 quashed as against the petitioners.

Nagesha(Shown in Charge Sheet) Nagesh K S Vs State of… — Dowry and Cruelty | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 23^RD DAY OF APRIL, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶7

CRIMINAL PETITION NO.572 OF 2024

¶8

C/W

¶9

CRIMINAL PETITION NO.3058 OF 2023

¶10

IN CRL.P. NO.572/2024:

¶11

BETWEEN:

¶12

NAGESHA (SHOWN IN CHARGE SHEET) NAGESH K.S. S/O SHIVANNA AGED ABOUT 31 YEARS R/AT NO.62, 2ND CROSS 1ST MAIN, SANJEEVINE NAGAR HEGGANHALLY CROSS BANGALORE KARNATAKA-560 091.

¶13

Digitally signed by H K HEMA Location: High Court of Karnataka

¶14

(BY SRI SURENDRA Y.S., ADVOCATE)

¶15

AND:

¶16

…PETITIONER

¶17

STATE OF KARNATAKA BY HIRISAVE P.S. REP. BY HCGP, HIGH COURT BUILDING BANGALORE-560 001.

¶18

SMT. BHAVYA K.P. W/O. NAGESHA AGED ABOUT 26 YEARS R/O. KABBALI VILLAGE

¶19

¶20

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶21

HIRISAVE HOBLI, CR PATNA HASSAN-573 124.

¶22

…RESPONDENTS

¶23

(BY SRI RANGASWAMY R., HCGP. FOR R.1; SRI NABEEL, ADVOCATE FOR R.2.)

¶24

THIS PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C. NO.810/2023 (CR.NO.11/2023) PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR. DN.) & JMFC COURT, CHANNARAYAPATTNA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307, 504, 506 & 149 OF IPC AND SECTIONS 3 & 4 OF D.P. ACT, PENDING AT HIRISAVE P.S., IN THE INTEREST OF JUSTICE.

¶25

IN CRL.P. NO.3058/2023:

¶26

BETWEEN:

¶27

SRI SHIVANNA B. S/O BOMMALINGAIAH AGED ABOUT 53 YEARS,

¶28

SMT. SHIVAMMA K.H. W/O. SHIVANNA B. AGED ABOUT 50 YEARS,

¶29

THE PETITIONER NOS.1 AND 2 ARE R/AT NO.62, 2ND CROSS 1ST MAIN, SANJEEVINE NAGAR HEGGANAHALLI CROSS BENGALURU-560 091.

¶30

SMT. HEMAVATHI K.S. W/O. SURESH K. AGED ABOUT 35 YEARS,

¶31

SRI SURESH K. S/O KRISHNAPPA AGED ABOUT 37 YEARS,

¶32

¶33

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶34

THE PETITIONER NOS.3 AND 4 ARE R/AT NO.62, 2ND CROSS OMSHAKTHI ROAD, SANJEEVINI NAGAR BENGALURU NORTH BENGALURU - 560 091.

¶35

…PETITIONERS

¶36

(BY SRI SURENDRA Y.S., ADVOCATE)

¶37

AND:

¶38

THE STATE OF KARNATAKA BY HIRISAVE P.S. REP. BY SPP, HIGH COURT BUILDING BANGALORE-560 001.

¶39

SMT. BHAVYA W/O. NAGESH D/O. PRAKASH AGED ABOUT 29 YEARS R/AT KABBALI VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK - 573 134 HASSAN DISTRICT.

¶40

…RESPONDENTS

¶41

(BY SRI RANGASWAMY R., HCGP. FOR R.1; SRI A.V. RAMAKRISHNA AND SRI NABEEL, ADVOCATES FOR R.2.)

¶42

THIS PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR NO.11/2023, WHICH REGISTERED BY THE HIRISAVE POLICERESPONDENT NO.1, ON THE FILE OF HON'BLE ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, CHANNARAYAPATNA, HASSAN DISTRICT, FOR THE OFFENCES UNDER SECTIONS 504, 506, 307 READ WITH 149 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, AT ANNEXURE-B, AGAINST THESE PETITIONERS ONLY, ETC.

¶43

¶44

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶45

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

¶46

ORDER

¶47

Accused nos.1 to 5 are before this Court in these two

¶48

criminal petitions with a prayer to quash the entire proceedings in C.C.No.810/2023 pending before the Court of the Additional Civil Judge (Jr.Dn.) and JMFC, Channarayapatna, arising out of Crime No.11/2023 registered by Hirisave Police Station, Hassan for the offences punishable under Sections 504, 506, 307, 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

¶49

Heard the learned counsel for the parties.

¶50

Learned counsel for the petitioners and learned counsel for respondent no.2 jointly submit that the dispute between the parties has been amicably settled. The terms of settlement has been reduced under a memorandum of settlement before the jurisdictional Family Court at Bengaluru in M.C.No.3735/2023 on 18.12.2023. Based on the said settlement, the marriage between accused no.1

¶51

¶52

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶53

and respondent no.2 has been dissolved by a decree of divorce passed in M.C.No.3735/2023 on 19.12.2023.

¶54

They submit that the settlement between the parties is voluntary and without there being any undue influence and coercion. Accordingly, they pray that the prayer made in the petition may be granted.

¶55

The memorandum of settlement dated 18.12.2023 submitted before the jurisdictional Court by the parties in M.C.No.3735/2023 is produced before this Court along with the petition. In paragraphs 2 to 9 of the said memorandum of settlement, it is averred as follows:

¶56

"2. That the parties due to irreconcilable differences between them and incompatibility of temperaments have been living separately since October 2022. The efforts made by the elders, well wishers and friends and also during the course of mediation on several occasions to reunite them, did not yield any positive result. Hence, the parties have decided to get their marriage dissolved by a decree of divorce.

¶57

Both the parties admit that they have no children born to them from their wedlock.

¶58

In view of this agreement the petitioner has agreed to pay a sum of Rs.6,00,000/- (Rupees Six Lakh Only) to the

¶59

¶60

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶61

respondent towards permanent alimony and maintenance in full and final settlement of of all her claims by way of demand draft bearing No.870674, dated:18.12.2023 drawn on SBI., Sunkadakatte Branch, Bengaluru. The above said demand draft will be handed over to the respondent before the Hon'ble Court at the time of reporting settlement. The respondent has agreed for the same.

¶62

In view of this agreement the respondent agreed to withdraw Crl.Misc. No.455/2023 pending before the III Addl. Civil Judge, Channarayapatna, Hassan District.

¶63

In view of this agreement the respondent agreed to co-operate/quash/closure of the case in CC.No.810/2023 pending before the III Addl. Civil Judge, Channarayapatna, Hassan District.

¶64

Both the parties have no claims against each other with regard to movable or immovable properties belonging to each other, present, past and future, so for as the parties are concerned except above mentioned amount. 8. The parties are unconditionally withdrawn all the allegations made against each other in respect of all the proceedings initiated by both the parties before the appropriate courts.

¶65

The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner."

¶66

¶67

NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶68

The parties are close relatives. In view of the settlement arrived between the parties, the marriage between accused no.1 and respondent no.2 has been dissolved by a decree of divorce. The parties have decided to give a quietus to all the disputes that are pending between them, and accordingly, they have entered into a memorandum of settlement which is reduced into writing and submitted before the jurisdictional Family Court in M.C.No.3735/2023.

¶69

The Hon'ble Supreme Court in the case of Ramgopal

¶70

and Another vs. State Of Madhya Pradesh reported in 2022 (14) SCC 531 has held that notwithstanding the limitations provided under Section 320 of Cr.P.C., the High

¶71

Court in exercise of its inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings initiated for non-compoundable offences considering the nature of allegations, nature of settlement and also the gravity of offence.

¶72

8 - NC: 2024:KHC:16252 CRL.P No. 572 of 2024 C/W CRL.P No. 3058 of 2023

¶73

Parties are present before the Court and they state that the settlement is voluntary and without there being any coercion. The parties are identified by their respective Advocates. Under the circumstances, I am of the opinion that in order to do complete justice to the parties, this is a fit case wherein powers under Section 482 of Cr.P.C. requires to be exercised by this Court. Accordingly, the following:

¶74

ORDER

¶75

(i) Criminal Petitions are allowed;

¶76

(ii) The entire proceedings in C.C.No.810/2023 pending before the Court of the Additional Civil Judge (Jr.Dn.) and JMFC, Channarayapatna, arising out of Crime No.11/2023 registered by Hirisave Police Station, Hassan for the offences punishable under Sections 504, 506, 307, 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 as against the petitioners is quashed.

¶77

hkh.

¶78

Sd/JUDGE

Nagesha(Shown in Charge Sheet) Nagesh K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Nagesha(Shown in Charge Sheet) Nagesh K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Eshwara Bhovi Vs the State of Karnataka

Sri. Deepak Shenoy @ Arun Vs Smt. Varsha Baliga @ Aparna Shenoy

Sri Ricky Rai Vs State by Cubbon Park P S

Orsu Srinivasa Rao Vs Swin Sitaram Dasari

Mr Punith R Jain Vs the State of Karnataka

Sri Mahesha N Vs Smt Lalitha G