Karnataka High Court
Mahantesh Suragihalli vs The State Of Karnataka on 21 January, 2014
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
CRL. P. No. 7682/2013 C/w CRL.P. NO.2291/2013
In CRL. P. No. 7682/2013:
BETWEEN:
1. Mahantesh Suragihalli
S/o Late Chandrashekharappa Suragihalli,
Aged about 30 years,
Occ: Software Engineer,
R/o Rathnashasri Nilaya,
2nd Cross, Chennappa Layout,
Shimoga, Now R/at No.65,
Bremner BLVD, Apartment 3704,
Toranto, Canada-M5J 0A7.
2. Rathnamma
W/o Late Chandrashekharappa
Suragihalli, Aged about 62 years,
R/o Rathnashasri Nilaya,
2nd Cross, Chennappa Layout,
Shimoga - 577 201. ... PETITIONERS
(BY SRI. CHANDRAMOULI. H.S., ADV.)
AND:
1. The State of Karnataka,
By the Police of Mahila Police
Station, Shimoga District,
Investigated by Dy. SP, AHT-Squad,
CID, Bangalore - 560 018.
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2. Smt. Shilpa
W/o Mahantesha Suragihalli,
Aged about 28 years,
R/at No.01, A-5 Tower,
Ghataprabha Block,
National Games Village,
Koramangala,
Bangalore- 560 021. ... RESPONDENTS
(BY SRI. S.K. VENKATA REDDY, ADV. FOR R-2,
SRI. B.J. ESHWARAPPA, GP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
ORDER DATED 10.02.2012 IN CR. NO.119/2011 OF
MAHILA P.S., SHIMOGA NOW PENDING IN C.C.
NO.1484/2012 ON THE FILE OF THE J.M.F.C. - II
COURT, SHIMOGA FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 498(A), 342, 307, 420, 494 AND 506
R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.
In CRL. P. No. 2291/2013:
BETWEEN:
1. Smt. Veena W/o Prabhudev,
Aged about 38 years,
Occ: Lecturer,
R.R. Polytechnic College,
Jalahalli, Bangalore,
R/at No.546, 4th Main,
Mahalakshmipura,
West of Chord Road, II Stage,
Bangalore - 560 086.
2. Dr. Aruna @ Aruna Naveena Kori,
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W/o Naveena Kori,
Aged about 36 years,
Occ: Medical Practitioner,
Arunadaya Dental Clinic,
Near Durgam Temple,
Bellary, R/at No.135/18-A,
Bellary Nagar,
Bellary - 583 101.
3. Smt. Vijaya W/o Nagaraj,
Aged about 35 years,
Occ: Working for One VEGA
Systems (HR), Near Vidyapeetha Circle,
Bangalore, R/at No.19, 3rd Cross,
Shivanandanagara,
Moodalapalya, Nagarabhavi,
Bangalore - 560 072. ... PETITIONERS
(BY SRI. ANNAIAH C.V., ADV.)
AND:
1. The State of Karnataka,
By the Police of Mahila Police
Station, Shimoga District-577 201.
2. Smt. Shilpa
W/o Mahantesha Suragihalli,
Aged about 28 years,
R/at No.01, A-5 Tower,
Ghataprabha Block,
National Games Village,
Koramangala,
Bangalore- 560 042. ... RESPONDENTS
(BY SRI. S.K. VENKATA REDDY, ADV. FOR R-2,
SRI. B.J. ESHWARAPPA, GP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
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ENTIRE PROCEEDINGS IN CRIME NO.119/2011 OF
MAHILA P.S., SHIMOGA NOW PENDING IN C.C.
NO.1484/2012 ON THE FILE OF THE J.M.F.C. - II
COURT, SHIMOGA FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 498(A), 342, 307, 420, 494 AND 506
R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT.
THESE CRIMINAL PETITIONS COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In these petitions, the petitioners have prayed for quashing of the proceedings in C.C. No. 1494/2012 arising out of Crime No.119/2011 on the file of the J.M.F.C. II Court, Shimoga.
2. The 1st petitioner is the husband of 2nd respondent, 2nd petitioner is the mother of 1st petitioner in Crl. P. No.7682/2013. Petitioner Nos.1 to 3 in Crl. P. No.2291/2013 are sisters of 1st petitioner in Crl.P. No.7682/2013. On account of some differences the 1st petitioner in Crl.P. No.7682/2013 and 2nd respondent in both petitions are residing separately and they also landed in a Civil dispute before the Family Court at 5 Bangalore in M.C. No.5026/2013 and also before the Criminal Court in C.C. No.1484/2012 on the file of the J.M.F.C. II Court, Shimoga.
3. Now, both the parties have arrived at a settlement. In continuation of this settlement an application under Section 482 r/w 320 of Cr.P.C. is filed before this Court signed by both the parties and the learned Advocates. One of the terms of the settlement is to close the proceedings in C.C. No.1484/2012. Further, in terms of the settlement, the 1st petitioner has agreed to pay lumsum of Rs.20.00 lakhs to the 2nd respondent towards permanent alimony and full and final settlement of her claims and also agreed to return the jewellary and silver articles. In furtherance of the same, the 1st petitioner tendered a Demand Draft for a sum of Rs.15.00 lakhs drawn in the name of the 2nd respondent
- Smt. Shilpa. The 2nd respondent acknowledged the receipt of the same.
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4. Except the 1st petitioner, both the parties are present before the Court and admit the execution of the application and the contents contained therein. The 2nd respondent has no objection to allow these petitions and to quash the proceedings subject to the condition the balance amount of Rs.5.00 lakhs to be paid before the Family Court and returning of the jewellary and silver articles. The submission of the 2nd respondent is placed on record.
5. In terms of the compromise petition, the following Order :
These petitions are hereby allowed. The proceedings in C.C. No. 1484/2012 pending on the file of the JMFC II Court, Shimoga are hereby quashed.
Sd/-
JUDGE RBV/