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NC: 2024:KHC:24201
CRL.P No. 2437 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2437 OF 2024
BETWEEN:
1. SUSHANTH J.,
AGED ABOUT 36 YEARS,
S/O RAJASHEKAR J.
2. RAJASHEKAR J.,
AGED ABOUT 66 YEARS,
S/O LATE SIDDAPPA.
3. SMT. SUVARNA
AGED ABOUT 64 YEARS,
W/O RAJASHEKAR J.
4. SUDEEP J.,
AGED ABOUT 40 YEARS,
Digitally signed
S/O RAJASHEKAR J.,
by NAGAVENI
Location: HIGH
PETITIONERS NO.1 TO 4
COURT OF
KARNATAKA ND
RESIDING AT NO.12, 2 MAIN,
TH
5 CROSS,
LOKANAYAKANAGARA,
METAGALLI POST,
MYSURU – 570 016.
…PETITIONERS
(BY SRI RAMESH M.C., ADVOCATE)
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CRL.P No. 2437 of 2024
AND:
1. STATE OF KARNATAKA
BY NAGAMANGALA TOWN POLICE STATION,
DISTRICT MANDYA,
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA AT BENGALURU
AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. SMT. NAVYA B.T.
W/O SUSHANTH,
AGED ABOUT 30 YEARS,
BINDIGANAVILE ROAD,
NAGAMANGALA TOWN
MANDYA – 571 432.
…RESPONDENTS
(BY SMT RASHMI JADHAV, ADDL.SPP FOR R-1;
SRI G S PRAVEENKUMAR, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE CHARGESHEET FILED IN
CRIME NO.84/2019 DATED 05.09.2019 REGISTERED BY THE
R1 NAGAMANGALA TOWN POLICE STATION AS AGAINST THE
PETITIOENRS FOR THE ALLEGED OFFENCES UNDER SECTIONS
498A, 323, 504, 506, 34 IPC READ WITH SECTION 3 AND 4 OF
DOWRY PROHIBITION ACT, 1961 IN C.C.NO.692/2019
PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C.,
COURT, NAGAMANGALA, MANDYA DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 2437 of 2024
ORDER
The petitioners are before this Court calling in
question proceedings in C.C.No.692 of 2019 pending on
the file of Senior Civil Judge and JMFC Court,
Nagamangala, Mandya District, for offences punishable
under Sections 498A, 323, 504, 506 of the IPC r/w 34 of
IPC and Sections 3 and 4 of the Dowry Prohibition Act,
1961.
2. Heard the learned counsel Sri Ramesh M C,
appearing for petitioners, Smt Rashmi Jadhav, learned
Additional State Public Prosecutor Pleader appearing for
respondent No.1 and Sri G S Praveenkumar, learned
counsel appearing for respondent No.2.
3. During the pendency of this petition, the parties to
the lis have arrived at a settlement before the family Court
in M.C.No.23/2023 by filing a Joint Memo of Settlement.
The settlement also recognizes closure of the proceedings
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CRL.P No. 2437 of 2024
before this Court. The learned counsel for the petitioners
submits that the conditions stipulated in the Joint Memo
are fulfilled and the learned counsel for respondent No.2
would acknowledge the same. The relevant paragraphs of
Joint Memo of Settlement reads as follows:
1. “The Petitioner has filed under this instant
petition under Section 13 (1) (ia) and (ib) of
the Hindu Marriage Act, seeking dissolution of
marriage.
2. That the Petitioner and Respondents with the
aid and advice of family, relative, friends and
mediators for resolving the dispute between
the parties have agreed to resolve their
dispute and have agreed to the following
terms and conditions:
a. The parties being Hindus by religion
and they submit that their marriage
was solemnized on 01.05.2016, as
per Hindu Rites and Customs. They
got a female child named 'Moulya'
aged 5 years.
b. That the Petitioner has also filed
complaint in Crime No. 84/2019 for
offences punishable under section.
498-A, 323, 506 R/w 34 of the Indian
Penal Code, 1860 before
Nagamangala Town Police, which has
been culminated into C.C. No.
692/2019 pending before this Hon'ble
court.
c. The Petitioner also filed Crl. Mis. No.
74/2019 on the file of this Hon'ble
court for the various reliefs under
Domestic Violence Act, 2005.
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CRL.P No. 2437 of 2024
d. That the Petitioner and the
Respondents have agreed that the
Petitioner and the Respondent shall
file a petition under section 13-B of
the HM HMA, 1955 seeking for divorce
of their marriage by mutual consent.
e. At Respondent, his parents and his
brother are going to file petition under
section 482 of the Code of Criminal
Procedure, 1973 (Presently under
section 528 of The Bharatiya Nagrik
Suraksha Sanhita, 2023) before the
Hon'ble High Court of Karnataka at
Bangalore, for the quashing of C.C.
No. 692/2019 on this file of this
Hon'ble Court and the Petitioner shall
co-operate for closure of the said C.C.
No. 692/2019 and shall have no
objection for the Respondent and his
parents and brother to seek for
quashing of the same….”
In terms of the memorandum of settlement arrived at
between the parties and also in view of the fact that the
offence alleged is under Section 498A of the IPC inter alia,
which is not against the Society or the State, I deem it
appropriate to terminate the proceedings against the
petitioners.
4. For the aforesaid reasons, I pass the following:
ORDER
(i) The Criminal Petition is allowed.
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CRL.P No. 2437 of 2024
(ii) The impugned proceedings in C.C.No.692 of
2019 pending on the file of Senior Civil Judge
and JMFC Court, Nagamangala, Mandya District
stand quashed qua the petitioners.
Sd/-
JUDGE
BKP
List No.: 1 Sl No.: 123