Petitions under Section 482 Cr.P.C. sought quashing of proceedings for offences under Sections 498A, 504, 506 IPC read with Sections 3 and 4 of the Dowry Prohibition Act. The parties filed a memorandum of settlement; the Court accepted it and quashed the impugned proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9577 OF 2024
C/W
CRIMINAL PETITION NO. 2936 OF 2022 CRIMINAL PETITION NO. 12218 OF 2023
IN CRL.P No. 9577/2024 BETWEEN:
DINESH, AGED ABOUT 33 YEARS, S/O VINAYAKA, NO.217, AMBEDKAR NAGAR, CHIKKABEGUR MAIN ROAD, BENGALURU-560 068
…PETITIONER
(BY SRI. SIJI MALAYIL, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
AND:
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
THUNGA SANKEERNA, KSRP QUARTERS, KORMANGALA, BENGALURU 560 034
AS PER 125 CRPC APPLICATION NO.828, 4TH CROSS, SHASHTHRINAGAR RAJENDRA NAGAR, KORMAGALA (VIVEKANAGAR) BANGALORE 560 047
…RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1; SRI. G.L. MOHAN MAIYA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CR.NO.161/2019 NOW C.C.NO.5556/2020 PENDING BEFORE THE IX ADDL. CJM, BANGALORE FOR AN ALLEGED OFFENCE P/US/ 498A, 504, 506 R/W 3 AND 4 OF D.P. ACT, PENDING BEFORE THE IX ADDL. CJM, BANGALORE.
IN CRL.P NO. 2936/2022
BETWEEN:
AGED ABOUT 34 YEARS, S/O VINAYAKA G
AGED ABOUT 32 YEARS, W/O GOPALA, BOTH ARE RESIDING AT AS PER FIR NO. 217, AMBEDKAR NAGAR, CHIKKABEGUR MAIN ROAD, BENGALURU 560 068
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
PERMANENT RESIDENCE NO. 217 A, AMBEDKAR NAGAR, CHIKKABEGUR MAIN ROAD, BENGALURU 560 068
...PETITIONERS
(BY SRI. SIJI MALAYIL, ADVOCATE) AND:
AGED ABOUT 30 YEARS, D/O DODANADA, R/A NO 37, D BLOCK, THUNGA SANKEERNA, KSRP QUARTERS, KORAMANGALA, BENGALURU 560 034 AS PER 125 CRPC APPLICATION R/AT NO. 828, 4TH CROSS, SHASHTHRINAGAR, RAJENDRA NAGAR, KORMANGALA (VIVEKANAGAR) BANGALORE 560 047
...RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1; SRI. G.L. MOHAN MAIYA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CRIME NO. 161/2019 AT BEGUR P.S. NOW CC NO. 5556/2020 PENDING BEFORE THE LD.VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR AN ALLEGED OFFENSES PUNISHABLE U/S 498A,504,506 R/W 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING BEFORE THE LD. VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
IN CRL.P NO. 12218/2023 BETWEEN:
BOTH SL.NO. 1 AND 2 ARE R/AT NO.217, AMBEDKAR NAGAR CHIKKABEGUR MAIN ROAD, BENGALURU-560 068
...PETITIONERS
(BY SRI. SIJI MALAYIL., ADVOCATE)
AND:
AS PER FIR R/A NO.37, D BLOCK THUNGA SANKEERNA, KSRP QUARTERS,
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
KORMANGALA, BENGALURU-560 034
...RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1; SRI. G.L. MOHAN MAIYA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.5556/2020 NOW PENDING BEFORE THE XLI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR AN ALLEGED OFFENSES PUNISHABLE U/S 498A, 504, 506 OF IPC R/W SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, PENDING BEFORE THE LD. VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.5556/2020 before the IX Additional Chief Judicial Magistrate, at Bengaluru registered for offences punishable under Sections 498A, 506, 504 of Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
memorandum of settlement reads as follows:
"8. In view of the settlement reached, the parties have agreed to withdraw the following cases.
a) The respondent has agreed to withdraw Crl.Misc.562/2021 filed against the petitioner which is pending before IV Family Court, Bengaluru and also shall withdraw Crl.Misc
NC: 2024:KHC:41247 CRL.P No. 9577 of 2024 C/W CRL.P No. 2936 of 2022 CRL.P No. 12218 of 2023
193/2019, pending before the 2nd MMTC, Bengaluru.
(b) Likewise the respondent also agreed to withdraw Crl.Misc 28/2022, Srl.Misc.32/2023 and Crl.Misc.33/2024 filed against the petitioner which is pending before 2nd MMTC, Bengaluru.
(c) The respondent shall co-operate in closing/quashing CC.No.5556/2020, pending before the 9th ACMM, Bengaluru and in this regard shall co-operate in closing/quashing Criminal petition bearing F.R.No.9562/2024 before the High Court.
(d) Likewise the respondent shall co-operate in close/quash/withdraw Crl.P.No.2936/2022 and Crl.P.No.12218/2023 u/s 482 of Cr.P.C, pending on the file of Hon'ble High Court of Karnataka, Bengaluru."
of settlement filed by the parties, I deem it appropriate to accept the Memorandum of settlement of the parties and terminate the impugned proceedings, as the dispute is between private parties and the allegations are not against the State.
ORDER
Sd/(M.NAGAPRASANNA) JUDGE
BVK List No.: 1 Sl No.: 165
1 issue framed by the court
Whether criminal proceedings in C.C.No.5556/2020 under Sections 498A, 504, 506 IPC and Sections 3 and 4 Dowry Prohibition Act should be quashed in light of a settlement between the parties.
5 provisions across 2 enactments
Dinesh
Gopala
Nandini
Vinayaka @ Vinayagam
Sumathi
State of Karnataka by Begur Police Station
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
