Karnataka High Court
K Mahadevanagowda vs The State Of Karnataka on 13 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:32492
CRL.P No. 7967 of 2023
C/W CRL.P No. 7262 of 2020
CRL.P No. 7265 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7967 OF 2023
C/W
CRIMINAL PETITION NO. 7262 OF 2020
CRIMINAL PETITION NO. 7265 OF 2020
IN CRIMINAL PETITION NO. 7967 OF 2023
BETWEEN:
K. MAHADEVANAGOWDA
S/O J.KALLESHAPPA,
AGED ABOUT 36 YEARS,
OCC: SOFTWARE ENGINEER,
RESIDENT OF NO.1947/42,
8TH MAIN, 3RD CROSS,
VIVEKANANDA BADAVANE,
Digitally signed DAVANAGERE - 577 002.
by NAGAVENI ...PETITIONER
Location: HIGH
COURT OF (BY SRI GNANESHA N.I., ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
THROUGH WOMEN POLICE STATION,
DAVANAGERE,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BLDG,
BENGALURU - 560 001.
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CRL.P No. 7967 of 2023
C/W CRL.P No. 7262 of 2020
CRL.P No. 7265 of 2020
2. SMT. SHRUTHI
D/O SRI SURESHAPPA,
KALLEDEVARU,
AGED ABOUT 32 YEARS,
PRESENTLY RESIDING AT
KANCHAGARA ONI,
NEAR BASAVANNA TEMPLE,
RANEBENUR,
HAVERI DISTRICT - 581 115.
...RESPONDENTS
(BY SRI THEJESH P., HCGP FOR R-1;
SRI MUNISWAMY GOWDA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.803/2021 REGISTERED AGAINST HIM FOR THE
OFFENCES P/U/S 498(A), 323, 342, 504, 506 OF IPC AND
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT PENDING ON
THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND
J.M.F.C., DAVANAGERE.
IN CRIMINAL PETITION NO. 7262 OF 2020
BETWEEN:
1 . MRS.SHRUTHI
D/O SURESHAPPA KALLADEVARU
AGED ABOUT 29 YEARS.
2 . MR.VINAYAKA
S/O SURESHAPPA KALLADEVARU
AGED ABOUT 27 YEARS.
3 . SMT.RATHNAMMA
W/O SURESHAPPA KALLADEVARU
AGED ABOUT 58 YEARS.
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NC: 2024:KHC:32492
CRL.P No. 7967 of 2023
C/W CRL.P No. 7262 of 2020
CRL.P No. 7265 of 2020
4 . SRI SURESHAPPA KALLADEVARU
S/OLATE PUTTAPPA
AGED ABOUT 62 YEARS
PETITIONERS 1 TO 4 ARE
RESIDING AT KANCHAGARA ONI
NEAR BASVANNA TEMPLE
RANE BENNURU
RANEBENNURU TALUK
HAVERI DISTRICT - 581 115.
... PETITIONERS
(BY SRI MUNISWAMY GOWDA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY DAVANAGER EXTENTION POLICE
STATION
DAVANGERE
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU - 560 001.
2. SRI J.K.PRASANNA KUMAR
AGED ABOUT 37 YEARS
S/O KALLAPPA
RESIDING AT NO.1947/42, 3RD CROSS
8TH MAIN, VEVEKANANDA BADAVANE
DAVANGERE - 577 005.
... RESPONDENTS
(BY SRI THEJESH P., HCGP FOR R-1;
SRI GNANESH N.I., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.551/2020 ON THE FILE OF THE JMFC-I, DAVANAGERE
REGISTERED FOR THE OFFENCES P/U/S 341, 504, 323, 506,
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CRL.P No. 7967 of 2023
C/W CRL.P No. 7262 of 2020
CRL.P No. 7265 of 2020
34 OF IPC IN CR.NO.55/2020 OF DAVANAGERE EXTENSION
POLICE STATION, DAVANAGERE.
IN CRIMINAL PETITION NO. 7265 OF 2020
BETWEEN:
1 . MRS. SHRUTHI
D/O SURESHAPPA KALLADEVARU
AGED ABOUT 29 YEARS.
2 . MR. VINAYAKA
S/O SURESHAPPA KALLADEVARU
AGED ABOUT 27 YEARS.
PETITIONERS 1 & 2 ARE
RESIDING AT KANCHAGARA ONI
NEAR BASVANNA TEMPLE
RANE BENNURU
RANEBENNURU TALUK
HAVERI DISTRICT - 581 115.
... PETITIONERS
(BY SRI MUNISWAMY GOWDA, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
BY WOMEN POLICE STATION
DAVANGERE
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU - 560 001.
2 . SMT.P.G.INDRAMMA
AGED ABOUT 61 YEARS
W/O KALLAPPA
RESIDING AT NO.1947/42
3RD CROSS, 8TH MAIN
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CRL.P No. 7967 of 2023
C/W CRL.P No. 7262 of 2020
CRL.P No. 7265 of 2020
VIVEKANANDA BADAVANE
DAVANGERE - 577 005.
... RESPONDENTS
(BY SRI THEJESH P., HCGP FOR R-1;
SRI GNANESHA N.I., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.1555/2020 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE REGISTERED
FOR THE OFFENCES P/U/S 323, 354, 448, 506 OF IPC IN
CR.NO.46/2020 OF DAVANAGERE WOMEN P.S., DAVANAGERE.
THESE PETITIONS, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner in Crl.P.No.7967/2023, call in question proceedings in C.C.No.803/2021 arising out of Crime No.43 of 2020, pending on the file of II Additional Senior Civil Judge and JMFC, Davangere, registered for offences punishable under Sections 498A, 323, 342, 504, 506 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioners in Crl.P.No.7262/2020, call in question proceedings -6- NC: 2024:KHC:32492 CRL.P No. 7967 of 2023 C/W CRL.P No. 7262 of 2020 CRL.P No. 7265 of 2020 in C.C.No.551/2020 arising out of Crime No.55 of 2020, pending before the JMFC I Court, Davangere registered for offences punishable under Sections 341, 504, 323, 506 and 34 of the IPC. The petitioners in Crl.P.No.7265/2020 call in question proceedings in C.C.No.1555 of 2020 arising out of Crime No.46 of 2020, pending before the II Additional Senior Civil Judge and JMFC, Davangere registered for the offences under Sections 323, 354, 448 and 506 of the IPC. The parties to the lis are husband and wife and their relatives.
2. During the pendency of the petitions, the parties to the lis have settled the dispute amicably amongst themselves and have entered into compromise. They have filed separate applications under Section 320 of the Cr.P.C., in all the petitions to that effect. The applications recognize the closure of the impugned proceedings in all the petitions.
3. The parties to the lis have also arrived at a settlement before the family Court in M.C.No.6613/2021 and a copy of memorandum of settlement filed under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure -7- NC: 2024:KHC:32492 CRL.P No. 7967 of 2023 C/W CRL.P No. 7262 of 2020 CRL.P No. 7265 of 2020 (Mediation) Rules, 2005 is filed before this Court. The learned counsel for the parties would submit that the conditions stipulated in the settlement are fulfilled. The husband has paid Rs.10,00,000/- to the wife by way of Demand Draft in full and final settlement of all her claims. The relevant paragraphs of memorandum of settlement reads as follows:
".... .... ....
4. The petitioner has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the respondent towards all her claims of maintenance / permanent alimony as full and final settlement. The said amount shall be paid by way of Demand Draft bearing No. 000235 dated 07.08.2024 drawn on HDFC Bank, Hadadi Road Branch, Davanagere and the same will be handed over to the respondent before the Hon'ble High Court of Karnataka in Crl.P No. 7967/2023 for which the respondent has agreed.
5. In view of this settlement the respondent has agreed to co-operate in closing / quashing the proceedings in C.C. No. 803/2021 pending before II Addl Senior Civil Judge & JMFC, Davanagere filed against the petitioner, for the offence punishable under Section 498-A, 323, 342, 504, 506 of IPC. Which is under challenge in Crl.P.7967/2023 is pending before the Hon'ble High Court of Karnataka, Bengaluru.
6. In view of the settlement arrived between the parties the petitioner herein undertakes to closing / quashing the proceedings in C.C.No.551/2020 pending on the file of II -8- NC: 2024:KHC:32492 CRL.P No. 7967 of 2023 C/W CRL.P No. 7262 of 2020 CRL.P No. 7265 of 2020 Addl. Civil Judge & JMFC, Davanagere which was registered on the complaint lodged by petitioner's brother Sri. Prasanna Kumar J.K against the respondent, her father Suresh mother Rathnamma and brother Vinayaka and in C.C.No.1555/2020 pending on the file of II Addl. Senior Civil Judge & JMFC, Davanagere which was registered on the complaint lodged by the petitioner's mother Smt. Indramma P.G against the respondent herein and her brother Vinayaka. Both the aforesaid cases are under challenge in Crl.P.7262/2020 and Crl.P.7265/2020 pending before the Hon'ble High Court of Karnataka, Bengaluru.
7. The respondent undertakes to withdraw M.C.3096/2020 filed against the petitioner seeking for decree of divorce which is pending before this Hon'ble Court.
8. Both the parties state that they will exchange their valuable articles and personal belongings before the Hon'ble Court at the time of reporting settlement.
9. Both the petitioner and respondent have no claims against each other either present, past and future and also have no claims over the movable / immovable properties belonging to each other either existing at present or to be acquired in future."
4. In the light of the compromise arrived at between the parties as afore-quoted and the offence alleged not being against the State or Society, the compromise applications filed are taken on record. The parties are permitted to compromise -9- NC: 2024:KHC:32492 CRL.P No. 7967 of 2023 C/W CRL.P No. 7262 of 2020 CRL.P No. 7265 of 2020 the matters. Accordingly, proceedings pending against the petitioners in all these petitions are to be obliterated.
5. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petitions are disposed.
(ii) The proceedings in C.C.No.803/2021 arising out of Crime No.43 of 2020 pending on the file of II Additional Senior Civil Judge and JMFC, Davangere;
in C.C.No.551/2020 arising out of Crime No.55 of 2020 pending before the JMFC I Court, Davangere and also in C.C.No.1555 of 2020 arising out of Crime No.46 of 2020 pending before the II Additional Senior Civil Judge and JMFC, Davangere, stand quashed.
Pending applications, if any, also stand disposed, as a consequence.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 77