Karnataka High Court
Joydeep Sarkar vs The State Of Karnataka on 7 June, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:19928
CRL.P No. 6891 of 2020
C/W CRL.P No. 4958 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO. 6891 OF 2020
C/W
CRIMINAL PETITION NO. 4958 OF 2021 (482)
IN CRL.P.No.6891/2020:
BETWEEN:
1. JOYDEEP SARKAR
S/O. DURJYO DHAN SARKAR,
PERMANENTLY R/AT NO. 48/A,
BEHIND PURVA FAIRMONT,
GARDEN LAYOUT,
24TH MAIN, II SECTOR,
HSR LAYOUT, BENGALURU 560037
...PETITIONER
(BY SRI. K.S.KARTHIK KIRAN FOR
Digitally SRI. KAPIL DIXIT., ADVOCATE)
signed by
KIRAN
KUMAR R
AND:
Location:
HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BENGALURU 560001.
2. SMT. ANUSHREE PAL
AGED ABOUT 29 YEARS,
W/O. JOYDEEP SARKAR,
R/AT NO. 04, R/AT NO. 04,
JAI BHARAT STREET,
NETRAVATI EXTENSION,
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CRL.P No. 6891 of 2020
C/W CRL.P No. 4958 of 2021
KRISHNARAJAPURAM,
BENGALURU 560036
...RESPONDENTS
(BY SMT. N.ANITHA GIRISH, HCGP FOR R-1;
MS. NIKITHA.N., ADVOCATE FOR
SRI. SUDHANVA.D.S., ADVOCATE FOR R-2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO QUASH THE
PROCEEDINGS IN C.C.NO.53372/2020 PENDING BEFORE THE X
A.C.M.M., AT MAYO HALL AT BENGALURU UNDER SECTION
498A, 504 READ WITH 34 OF IPC AND SECTION 3 AND 4 OF
DOWRY PROHIBITION ACT 1961, ETC.
IN CRL.P.No.4958/2021:
BETWEEN:
1. JOYDEEP SARKAR
AGED ABOUT 37 YEARS,
S/O. DURJYO DHAN SARKAR,
PERMANENTLY R/AT NO. 48/A,
BEHIND PURVA FAIRMONT,
GARDEN LAYOUT, 24TH MAIN, II SECTOR,
HSR LAYOUT, BENGALURU 560037
2. SMT. SUDHA RANI SARKAR,
W/O DURJYODHAN SARKAR,
AGED ABOUT 68 YEARS,
3. MR.DURJYODHAN SARKAR,
AGED ABOUT 75 YEARS,
BOTH ARE R/AT WEST BHUBANBAN, AGARTALA,
TRIPURA (WEST)-790 022.
4. PINKI SARKAR,
D/O DURJYODHAN SARKAR,
AGED AOBUT 30 YEARS,
W/O SAURAV SAHA, FLAT NO. F103,
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NC: 2024:KHC:19928
CRL.P No. 6891 of 2020
C/W CRL.P No. 4958 of 2021
BLOCK F, INNOVATIVE AQUAFRONT
APARTMENT, DODDANAKUNDI,
LANDMARK NEAR BACHPAN SCHOOL,
BANGALORE-560 037.
...PETITIONERS
(BY SRI. K.S.KARTHIK KIRAN FOR
SRI. KAPIL DIXIT., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
OPPOSITE VIDHANA SOUDHA,
BANGALORE-560 001..
2. SMT. ANUSHREE PAL
W/O. JOYDEEP SARKAR,
AGED ABOUT 29 YEARS,
R/AT NO. 04, R/AT NO. 04,
JAI BHARAT STREET,
NETRAVATI EXTENSION,
KRISHNARAJAPURAM,
BENGALURU 560036
...RESPONDENTS
(BY SMT. N.ANITHA GIRISH, HCGP FOR R-1;
MS. NIKITHA.N., ADVOCATE FOR
SRI. SUDHANVA.D.S., ADVOCATE FOR R-2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO QUASH THE
DOMESTIC CIOLENCE PETITION FILED AGAINST THE
PETITIONERS UNDER SECTION 12 OF DOMESTIC CIOLENCE
ACT, 2005 BEARING CRL.MISC.No.120/2020 BEFORE THE I-
MMTC, MAYO HALL, BANGALORE, ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 6891 of 2020
C/W CRL.P No. 4958 of 2021
ORDER
CRL.P. No.6891/2020 :
1. The petitioner has filed this petition challenging the initiation of criminal proceedings against the petitioner on the basis of the complaint lodged by the wife - second respondent herein, which has ultimately culminated in filing of a chargesheet.
2. Today when the matter was called out, the parties have filed a joint affidavit. The parties are also personally present before the Court and they submit that they have reconciled their differences and both of them are staying together and they do not wish to continue the proceedings any further.
3. The second respondent - wife also admits that she has reconciled the differences and she does not wish to prosecute her husband anymore.-5-
NC: 2024:KHC:19928 CRL.P No. 6891 of 2020 C/W CRL.P No. 4958 of 2021
4. Having regard to the fact that the allegations in the complaint are private in nature, there is no impediment to quash the proceedings. Accordingly, recording the affidavit filed today and recording the presence of the parties to acknowledge the contents of the affidavit, the proceedings are quashed. The petition is, accordingly, allowed. CRL.P. No.4958/2021 :
5. Learned counsel for the petitioners files a Memo seeking for permission to withdraw the said petition.
6. Recording his submission, petition is dismissed as withdrawn.
7. In view of disposal of both the petitions, pending I.As. do not survive for consideration and are accordingly disposed of.
Sd/-
JUDGE HNM, List No.: 1 Sl No.: 34