Disposed

Sri Vishnuvardhan a v. State of Karnataka

Karnataka HC3 Sept 2024CRL.P/8956/2024

Case brief

AI extract

What is this about?

Petitioners challenged criminal proceedings for dowry-related and assault offences. The Court found that the parties had settled the underlying matrimonial dispute in Family Court, with the wife agreeing to cooperate in closing the criminal case. Relying on this settlement, the Court terminated the pending criminal petition and quashed the scheduled proceedings.

What did the court decide?

Proceedings in C.C.No.28611/2023 pending before the Chief Judicial Magistrate, Bengaluru, stand quashed qua the petitioners and the Criminal Petition is disposed of.

Sri Vishnuvardhan a Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:36013 CRL.P No. 8956 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8956 OF 2024

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BETWEEN:

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SRI. VISHNUVARDHAN A., S/O KRISHANMURTHY A., AGED ABOUT 30 YEARS,

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SMT. LAKSHMI RANGAMMA, W/O KRISHANMURTHY A., AGED ABOUT 50 YEARS,

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SRI. KRISHNAMURTHY A., S/O CHITHAMBARAPPA A., AGED ABOUT 55 YEARS,

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SRI. BHARATH KUMAR A., S/O KRISHANMURTHY A., AGED ABOUT 25 YEARS,

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Digitally signed by KAVYA G Location: High Court of Karnataka

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ABOVE ARE THE PERMANENT RESIDENTS OF: NO 1/2854-16-5, SRI SAI GANESH COLONY, G M PETROL, YEMMIGANUR, KARNOOL, ANDHRA PRADESH - 518 360.

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THE PETITIONER NO.1 PRESENTLY RESIDES AT: NO.8, 5^TH MAIN, ANUGHRAHA LAYOUT, BILEKALLI, BTM SECOND STAGE, NEAR PRESIDENCY SCHOOL, BENGALURU - 560 076. …PETITIONERS (BY SRI. B. ANILKUMAR, ADVOCATE)

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2 - NC: 2024:KHC:36013 CRL.P No. 8956 of 2024

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AND:

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STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION, BENGALURU, REP. BY HCGP, HIGH COURT COMPLEX, BENGALURU.

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SMT. ASHITHA S, D/O BINDU V, AGED ABOUT 28 YEARS, PRESENTLY RESIDING AT VAZHAKALAYIL (H), KALLARA SOUTH PO, KOTTAYAM, KERALA - 686 611.

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ALSO AT- NO.8, SHIVABALAYOGI NILAYA, 5TH MAIN, ANUGRAHA LAY, BILEKAHALLI, BTM 2ND STAGE, BENGALURU.

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…RESPONDENTS

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(BY SMT. SOWMYA R., HCGP FOR R1; SMT. NETHRAVATHI K., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDING IN CR.NO.0095/2023, DATED 20.04.2023 (ANNEXURE-A) REGISTERED BY THE 1ST RESPONDENT POLICE, UNDER SECTIONS 506, 34, 498A, 323 OF THE IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT AND COMPLAINT FILED BY THE 2ND RESPONDENT AND REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS WHICH IS NOW PENDING AS CC NO. 28611/2023 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, BENGALURU.

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NC: 2024:KHC:36013 CRL.P No. 8956 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, 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 the proceedings in C.C.No.28611/20223 registered for offences punishable under Sections 506, 34, 498-A and 323 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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During the pendency of the petition, it transpires

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that the parties to the lis were before the Family Court in Matrimonial Case No.3836/2024. The parties therein have settled the matter and the terms of settlement read as follows:

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"9. Both the petitioners admit that they shall not interfere in the lives of each other in future.

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10. In view of the settlement the 1st petitioner agrees to withdraw MC.2753/2023 filed under section 13 (1) (ia) of the Hindu Marriage Act. pending on the file of IV Addl.Prl.Judge, Family Court, Bengaluru. Further the 2nd petitioner has agreed to co-operate in closing/quashing C.C.No.28611/2023 filed against the 1st petitioner and his family members under section 498A, 323, 506, 34 and section 3 & 4 of the D.P. Act pending on the file of CJM., Bengaluru.

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IV. In view of the aforesaid agreement entered into between the parties, the parties pray that this

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4 - NC: 2024:KHC:36013 CRL.P No. 8956 of 2024

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Hon'ble Court be pleased to dissolve the marriage solemnized on 06.02.2022 at Thaliyil Mahadeva Temple, Kadathuruthy, Kottayam, Kerala State and to cancel the said marriage which was registered on 02.03.2022 before the Registrar of Marriages Kaduthuruthy Grama Panchayat vide Marriage Certificate No.1964/2022 and Registration No.60/2022 and to pass a decree and judgment in terms of the aforesaid agreement. "

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Therefore, in light of the settlement arrived at

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between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition.

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4. For the aforesaid reasons, the following:

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ORDER

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i. Criminal Petition is disposed.

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ii. Proceedings in C.C.No.28611/2023 pending before the Chief Judicial Magistrate, Bengaluru, stand quashed, qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 1 Sl No.: 134/CT: BHK

Sri Vishnuvardhan a v. State of Karnataka

Case brief

What is this about?

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Sri Vishnuvardhan a v. State of Karnataka

Case brief

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