Disposed¶47

Hari Prasad Malapati v. State of Karnataka

Karnataka HC20 Feb 2025CRL.P/1183/2025

Case brief

AI extract

What is this about?

Quashing of 498A IPC and dowry prohibition FIR and charge sheet upon amicable marital settlement recorded through joint memo; matrimonial dispute settled in Family Court (M.C.No.7833/2024, order dated 20.01.2025); Karnataka High Court, Bengaluru; CRL.P No. 1183 of 2025; Justice S.R. Krishna Kumar; decided 20-02-2025; Crime No.215/2022, R.T. Nagar Police Station; C.C.No.29391/2022, VIII Additional Chief Metropolitan Magistrate, Bengaluru; S.482 Cr.PC / S.528 BNSS; accused Nos.1 to 3 (husband, father-in-law, mother-in-law).

What did the court decide?

Proceedings in C.C.No.29391/2022 (arising out of Crime No.215/2022 of R.T. Nagar Police) quashed insofar as petitioners-accused Nos.1 to 3 are concerned, in terms of the Joint Memo dated 20.02.2025. ¶47

Hari Prasad Malapati Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Proceedings in C.C.No.29391/2022 (arising out of Crime No.215/2022 of R.T. Nagar Police) quashed insofar as petitioners-accused Nos.1 to 3 are concerned, in terms of the Joint Memo dated 20.02.2025.

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Issue for consideration

Whether the FIR in Crime No.215/2022 and the charge-sheet proceedings in C.C.No.29391/2022 (offences under Sections 504, 498A IPC r/w Sections 3, 4 of the Dowry Prohibition Act) pending against petitioners-accused Nos.1 to 3 before the VIII Additional Chief Metropolitan Magistrate, Bengaluru should be quashed, particularly in view of the amicable settlement between petitioner No.1 and respondent No.2.

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Court's answer

In view of the amicable settlement entered into between petitioner No.1 (husband) and respondent No.2 (wife), recorded in the Joint Memo dated 20.02.2025, the criminal petition is disposed of in terms of the Joint Memo.

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Ratio / Principle

The proceedings in C.C.No.29391/2022, arising out of Crime No.215/2022 of the 1st respondent-Police, registered for the offences punishable under Sections 504, 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, are quashed insofar as the petitioners-accused Nos.1 to 3 are concerned.

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Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 1183 of 2025) under S.482 Cr.PC / S.528 BNSS filed by the husband (Accused No.1), father-in-law and mother-in-law (Accused Nos.2 & 3) seeking quashing of the FIR in Crime No.215/2022 of R.T. Nagar Police Station for offences under Ss.504 and 498A IPC r/w Ss.3 and 4 of the Dowry Prohibition Act, and of the charge sheet in C.C.No.29391/2022 pending before the VIII Additional Chief Metropolitan Magistrate, Bengaluru. During pendency, petitioner No.1 and respondent No.2 (wife/complainant) amicably settled their matrimonial disputes in M.C.No.7833/2024 before the VI Additional Principal Judge, Family Court, Bengaluru, recorded by order dated 20.01.2025, with respondent No.2 agreeing to withdraw all allegations in C.C.No.29391/2022. A Joint Memo dated 20.02.2025 signed by the husband, the wife and their counsel was filed and taken on record, its contents being admitted by the parties physically present in court. HELD: petition disposed of in terms of the Joint Memo dated 20.02.2025; proceedings in C.C.No.29391/2022 quashed insofar as accused Nos.1 to 3 are concerned.

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NC: 2025:KHC:7954 CRL.P No. 1183 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1183 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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HARI PRASAD MALAPATI, S/O M. MANAPPA, AGED ABOUT 39 YEARS, R/AT DN NO. 2-1-119, RAMAKRISHNAPURAM, SYNDICATE NAGAR, ANANTHAPURAMU RURAL MANDAL ANANTHAPURAM DISTRICT - 515004.

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ALTERNATIVE ADDRESS: NO.35, EX-SERVICEMEN COLONY, R T NAGAR, BENGALURU - 560032.

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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DONAPPA MALAPATI, S/O VENKATIAH, AGED ABOUT 62 YEARS, NO. 21/119, RAMAKRISHNAPURAM, SYNDICATE NAGAR ANANTHAPURAM RURAL MANDAL, ANANTAPUR DISTRICT - 515004 ANDRAPRADESH.

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BHAGYALAXMI W/O M DONAPPA, AGED ABOUT 55 YEARS, NO. 21/119, RAMAKRISHNAPURAM, SYNDICATE NAGAR, ANANTHAPURAMU RURAL MANDAL, ANANTAPUR DISTRICT - 515 004 ANDRAPRADESH.

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…PETITIONERS

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(BY SRI. SHOWRI H.R., ADVOCATE)

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NC: 2025:KHC:7954 CRL.P No. 1183 of 2025

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AND:

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STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, R T NAGAR POLICE STATION, R T NAGAR – 560032

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REP. BY STATE PUBLIC PROSECUTOR.

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SMT. SWATHI M., W/O HARIPRASAD MALAPTI, AGED ABOUT 33 YEARS, R/AT NO.103, PARADIGM HEIGHTS APARTMENT, KAS OFFICERS COLONY, BTM LAYOUT, 2^ND STAGE, CENTRAL SILK BOARD, BENGALURU - 68

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…RESPONDENTS

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(BY SRI. THEJESH, HCGP FOR R1 SRI. L.T.GOPAL, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED IN CRIME NO. 215/2022, FOR THE OFFENCES PUNISHABLE UNDER 504 AND 498A OF IPC R/W SECTION 3, 4 OF DOWRY PROHIBITION ACT PRODUCED AT ANNEXURE A AND THE CHARGE SHEET IN THE FURTHER PROCEEDINGS IN C.C.NO.29391/2022 ON THE FILE OF VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU PRODUCED AT ANNEXURE C. AND ALLOW THIS CRIMINAL PETITION.

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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 S.R.KRISHNA KUMAR

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NC: 2025:KHC:7954 CRL.P No. 1183 of 2025

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ORAL ORDER

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In this petition, petitioners have sought for the following

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relief:-

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“a. Quash the FIR dated in Crime No.215/2022, for the offences punishable under section 504 and 498A of IPC R/W Section 3, 4 of Dowry Prohibition Act produced at Annexure-A, and the charge sheet in the further proceedings in CC.No.29391/2022, on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru produced at Annexure-C.

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b. Allow this Criminal Petition.”

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Learned counsel for the petitioners – accused Nos.1 to

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3 and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 20.02.2025 duly signed by petitioner No.1 – husband, respondent No.2 – wife and their respective counsel and the same is taken on record.

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Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of respondent No.2-complainant. Petitioner No.1 – accused No.1 (husband) and respondent No.2 – complainant (wife) and 2 are physically present before the Court along with their respective counsel and they admit the contents of the Joint Memo, which reads as under:-

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NC: 2025:KHC:7954 CRL.P No. 1183 of 2025

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Joint Memo

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“The parties to the above proceedings jointly submits as follows:

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1. It is submitted that the Petitioner No.1 and Respondent No.2 have amicably settled the matter in M.C.No.7833/2024 on the file of VI Additional Principal Judge, Family Court, Bengaluru and the same has been recorded by the Trial Judge vide order dated 20.01.2025. As per the aforesaid settlement, the Respondent No.2 has agreed to withdraw all the allegations made in C.C.No.29391/2022 against the Petitioners herein.

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2. It is submitted that in view of the settlement entered into between the Petitioners and Respondent No.2, it is respectfully pray that this Hon’ble Court be pleased to quash the proceedings in C.C.No.29391/2022 pending on the file of VII Additional Chief Metropolitan Magistrate Court, Bengaluru.

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3. The memo may be kindly taken on record.

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In view of the aforesaid settlement entered into between petitioner No.1 and respondent No.2, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of Joint Memo dated 20.02.2025.

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NC: 2025:KHC:7954 CRL.P No. 1183 of 2025

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(ii) The proceedings in C.C.No.29391/2022 (arising out of Crime No.215/2022 of 1^st respondent – Police) registered for the offences punishable under Sections 504, 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners-accused Nos.1 to 3 are concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 3 Sl No.: 6

Hari Prasad Malapati v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Hari Prasad Malapati v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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