Karnataka High Court
Manish Kumar vs State Of Karnataka on 5 June, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:19442
CRL.P No. 3433 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3433 OF 2024
BETWEEN:
1. MANISH KUMAR,
AGED ABOUT 36 YEARS,
S/O MR. DILIP KUMAR SINHA,
R/A 610, 1ST FLOOR, 2ND MAIN,
OPP YOUR STORY MEDIA HOUSE,
INDIRA NAGAR, BENGALURU - 560 038.
2. DILIP KUMAR SINHA,
AGED ABOUT 68 YEARS,
S/O LATE SHRI. LAKSHMAN PRASAD SINHA,
3. MAMTA SINHA,
AGED ABOUT 59 YEARS,
W/O SHRI DILIP KUMAR SINHA
Digitally signed
by NAGAVENI 4. ASHISH KUMAR,
Location: HIGH AGED ABOUT 39 YEARS,
COURT OF
KARNATAKA S/O SHRI DILIP KUMAR SINHA,
5. RAGINI SINHA,
AGED ABOUT 35 YEARS,
W/O SHRI ASHISH KUMAR,
PETITIONERS NO.2 TO 5 ARE
PERMANENT RESIDENTS AT
HOUSE NO. 401,
MAA TARA APARTMENT,
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NC: 2024:KHC:19442
CRL.P No. 3433 of 2024
GALI NO.6, VANASTHALI COLONY,
BHUIPHOR MANDIR AMAGATHA,
KG ASHRAM, P S GOVINDPUR,
DHANBAD, JHARKHAND - 828 109.
...PETITIONERS
(BY SRI. JAMES P. ARUN KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY K.R. PURAM POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SUPRATIKA SHRUTI,
W/O SRI. MANISH KUMAR,
D/O DR. ANIL KUMAR SINHA,
AGED ABOUT 33 YEARS,
R/A FLAT -20, TOWER-A,
BSR TOWERS, 1ST CROSS,
VARANASI MAIN ROAD,
ANANDPURA, K R PURAM,
BENGALURU - 560 049.
...RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R1;
SRI. PANKAJ KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
ORDER FOR QUASHING OF THE ENTIRE CRIMINAL
PROCEEDINGS ARISING FROM FIR NO.45/2023 AGAINST THE
ABOVE NAME PETITIONERS, PENDING FOR INVESTIGATION BY
THE RESPONDENT NO.1 POLICE ON THE FILE OF THE LEARNED
III A.C.M.M BENGALURU FOR THE ALLEGED OFFENCE P/U/S
506, 34, 498A, 406, 313, 324 OF IPC.
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NC: 2024:KHC:19442
CRL.P No. 3433 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioners/Accused Nos.1 to 5 called in question a crime registered in Crime No.45/2023. The parties were in Family Court in M.C.No.203/2024. The parties have entered into a settlement before the Family Court. The settlement results in annulment of the marriage. The conditions in the memorandum of settlement is closure of all the cases including the one that is pending before the Court. The conditions read as follows:
(1) Both the parties agree that following cases are pending between them:
a) Crim. Misc. Case No. 722/2022, filed by the wife (Petitioner No. 2 herein) against husband (Petitioner No.1), U/s 125 of the Code of Criminal Procedure, before the V Addl. Principal Judge, Family Court, Nyaya Degula Building, Bengaluru,
b) Crim. Misc Case No. 218/2022, filed by the wife (Petitioner No.2 herein), against Petitioner No.1 and others, U/s 12 r/w 18,19,20 of the PWDV Act, 2005, before the 1st MMTC, Mayo Hall Court Complex, Bengaluru,
c) KR PURAM PS (FIR) Crime Case No. 45/2023, for offense punishable U/s 506,498A,406,313,324,34 of the Indian Penal Code, 1860 & also u/s 3 and 4 of the Dowry Prohibition Act, 1961, filed by the wife (Petitioner No.2 herein) against Petitioner No.1 & others, and is under investigation and pending before -4- NC: 2024:KHC:19442 CRL.P No. 3433 of 2024 the 4th Addl. CMM Court, Magistrate Court Complex, Nrupatunga Road, Bengaluru.
d) Both the parties undertake that, there are no other pending cases or any litigation whatsoever concerning their differences & matrimonial relationship between them or their family members, except the above mentioned, either in the Jurisdiction of Bengaluru or in any other courts.
(2) That both parties have agreed that they shall withdraw the respective cases filed by them and assist and co-operate in getting the above mentioned pending criminal/civil cases to get disposed off/quashed, each party bearing their own costs & in the manner best suitable in the earliest time period.
(3) Specifically, the Petitioner No.1 (the husband) shall initiate the Criminal Petition under section 482 CRPC, for quashing the aforementioned criminal case FIR No. 45/2023, before the Hon'ble High Court of Karnataka within two weeks from the date of this Hon'ble Court taking this Mediation Agreement on record. The Petitioner No.1 undertakes and agrees that she shall co-operate in getting the criminal case FIR No.45/2023 quashed, subject to the terms and conditions agreed upon here.
(4) The Petitioner No.2 agrees to withdraw the Crl.Mis 218/2022 pending before the 1st MMTC, Mayo Hall, Bengaluru, within two weeks from the date of this Hon'ble Court taking this Mediation Agreement on record.
2. In the light of the settlement arrived at between the parties and an application seeking compounding of the offence presented before this Court, more so in the light of the fact that the offences alleged are the ones punishable under -5- NC: 2024:KHC:19442 CRL.P No. 3433 of 2024 Sections506, 498A, 406, 313 and 324 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act and not against the State, I deem it appropriate to grant the application and compound the offence and quash the crime No.45/2023.
3. For the aforesaid reasons, the following:
ORDER
i) Criminal Petition is disposed of.
ii) All proceedings in Crime No.45/2023 stands quashed qua the accused.
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JUDGE BNV List No.: 1 Sl No.: 34 CT: BHK