Karnataka High Court
Mr. John Peter vs State Of Karnataka on 14 November, 2024
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NC: 2024:KHC:46291
CRL.P No. 11012 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.11012 OF 2024 (482(CR.PC) / 528(BNSS)
BETWEEN:
MR. JOHN PETER S/O ANTHONY DASS
AGED ABOUT 47 YEARS
R/AT: FLAT NO.001, GROUND FLOOR,
"OCHRE" MSO COLONY, BANASAWADI ROAD,
BANGALORE-560005.
...PETITIONER
(BY SRI PRASHANTH P.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH EAST ZONE WOMEN'S POLICE,
BENGALURU-, REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. SMT. NANCY A., W/O JOHN PETER
AGED ABOUT 39 YEARS,
R/AT: #38, MEG OFFICER'S COLONY,
JEEVANAHALLI MAIN ROAD, COX TOWN,
BENGALURU-560005.
Digitally
signed by
MANJANNA
...RESPONDENTS
E
Location:
MANJANNA High Court of
E Karnataka,
(BY SMT. SOWMYA R., HCGP FOR R1;
Dharwad
Bench
Date:
2024.11.16
MS. CHANDANA G., ADVOCATE FOR R2)
11:40:54
+0530
THIS CRL.P IS FILED under section 482 OF CODE OF CRIMINAL
PROCEDURE 1973, PRAYING TO QUASH THE FIR, COMPLAINT,
CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC.NO.9586/2021
(ARISING OUT OF CRIME NO.78/2020) REGISTERED BY THE
RESPONDENT NO.1 EAST ZONE WOMEN'S POLICE, AGAINST THE
ACCUSED/PETITIONER, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONs 498, 506(B) PENDING ON THE FILE OF THE HON'BLE XI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE MAYO HALL AT
BENGALURU, VIDE ANNEXURE : A, B, C AND D & ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:46291
CRL.P No. 11012 of 2024
CORAM: HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
ORAL ORDER
Heard Sri Prashanth P.N. counsel for the petitioner, High Court Government Pleader for respondent no.1 and Ms.Chandana G. counsel for respondent no.2.
2. This is a petition filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.9586/2021 on the file of XI Additional Chief Metropolitan Magistrate, Mayo Hall Bengaluru. The petitioner and the second respondent are spouses. The matrimonial discard between them led to registration of FIR in Crime No.78/2020 for the offences under Sections 498A, 506 and 354 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The petitioner also initiated proceedings for divorce in M.C.No.3321/2020 before the Family Court Bengaluru. In M.C.No.3321/2020, the parties arrived at a settlement when the case was referred to medication. The mediation resulted in both the parties agreeing for dissolution of the marriage. The second respondent agreed to withdraw all the criminal cases.
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NC: 2024:KHC:46291 CRL.P No. 11012 of 2024
3. The petitioner and the second respondent have appeared through video conferencing. When questioned, the second respondent submits that marriage has been dissolved and that she has withdrawn all the allegations made against the petitioner and she has no objection for quashing the proceedings in C.C.No.9586/2021.
4. Since the criminal case was the offshoot of matrimonial discard and now the marriage between the parties has been dissolved, the criminal case pending against the petitioner can be quashed. Therefore taking note of the settlement between the parties, the proceedings in C.C.No.9586/2021 on the file of the XI Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru are quashed.
Sd/-
(SREENIVAS HARISH KUMAR) JUDGE EM LIST NO.: 19 SL NO.: 15