Karnataka High Court
Shri. Sunil S/O. Hanumant Katrimal vs The State Of Karnataka on 11 October, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:12212
CRL.P No. 102697 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 102697 OF 2023
BETWEEN:
1. SHRI. SUNIL S/O. HANUMANT KATRIMAL,
AGE. 28 YEARS, OCC. ZOMATO DRIVER,
2. SMT. PREMA W/O. HANUMANT KATRIMAL,
AGE. 52 YEARS, OCC. HOUSEWIFE,
3. SHRI. HANUMANT S/O. KADRAPPA KATRIMAL,
AGE. 52 YEARS, OCC. COOLIE,
ALL R/AT H. NO.50, VALLABHAI NAGAR,
MANTUR RD, HUBBALLI-580020.
... PETITIONERS
(BY SRI. KRISHNA KUMAR JOSHI, ADVOCATE REP.
SRI. GOURISHANKAR H. MOT, ADVOCATE)
AND:
VIJAYALAKSHMI 1. THE STATE OF KARNATAKA,
M KANKUPPI
HD CITY WOMEN POLICE STATION, HUBBALLI,
R/BY ITS STATE PUBLIC PROSECUTOR,
Digitally signed by HIGH COURT OF KARNATAKA,
VIJAYALAKSHMI M
KANKUPPI DHARWAD BENCH, AT DHARWAD.
Date: 2023.10.12
14:31:59 +0530
2. SMT. PRISCA W/O. SUNIL KATRIMAL,
AGE. 27 YEARS, OCC. TEACHER,
R/AT. BRUNDAVAN COLONY,
KESHWAPUR, HUBBALLI-580023.
... RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1;
SRI. NEEL P. PATEL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDING AGAINST THE
ACCUSED NO.1 TO 3/PETITIONERS AS IN HD CITY WOMEN POLICE
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NC: 2023:KHC-D:12212
CRL.P No. 102697 of 2023
STATION CRIME NO.0095/2022 FOR THE OFFENCES P/U/SEC. 498A,
323, 504, 506 AND 34 OF IPC AND 3 AND 4 OF DP ACT PENDING ON
THE FILE OF ERD ADDL. CIVIL JUDGE AND JMFC, AT HUBBALLI IN CC
NO.4641/2023.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court calling in question the proceedings in C.C.No.4641/2023 registered for the offences punishable under Sections 498-A, 323, 504, 506 and 34 of IPC and 3 and 4 of the DP Act.
2. During the subsistence of this proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memorandum of such settlement.
2. The joint memo of settlement reads as follows:
JOINT MEMO FILED UNDER SECTION 320 (6) & (8) OF CRIMINAL PROCEDURE CODE Herein the advocate for the petitioners/accused no. 1 to
3 & respondent no. 2 submits before this Hon'ble Court as follows;
-3-NC: 2023:KHC-D:12212 CRL.P No. 102697 of 2023 That, in view of the intervention of elders the petitioners/accused no. 1 to 3 and respondent no: 2 / complainant, have mutually agreed to the following terms and conditions mentioned below;
1) That, the respondent no: 2 herein is the petitioner no 1's wife and respondent no: 2 has filed a complaint against the petitioners / accused no. 1 to 3 on the false allegation on one or the other reasons before HD City Women Police Station Crime No: 0095/2022 for the offences punishable U/Sec. 498(A),323, 504, 506 and 34 of IPC & 3 and 4 of DP Act pending on the file Hon'ble 3rd Additional Civil Judge & JMFC (Jr.Div), At Hubballi in CC. No. 4641/2023 and. The dispute as aroused between the petitioner no. 1 & respondent no: 2 complainant/wife. Now petitioner & respondent no: 2 have compromised the matter amicably & are willing to reside happily together in their future matrimonial life. Hence in view of the same the petitioners have filed this petition quashing the further proceeding.
2) The petitioners and the respondent no. 2 at the intervention of the 2. well wishers and the elderly members of both the side family members decided to put an end to the dispute between them and accordingly arrived at a settlement of dispute and same is without their being any undue Influence, coercion or threat from anybody out of their free will & wish, respondent no:
2/wife 1.e. victim agreed to not to pursue any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the -4- NC: 2023:KHC-D:12212 CRL.P No. 102697 of 2023 said offences alleged by the respondent no: 2 against the petitioners herein the above mentioned petition is filed.
3) The respondent no: 2 has agreed to close the proceedings as mentioned against the petitioners /accused no 1 to 3, the petitioners and respondent no: 2 / complainant also agreed to give Up all their claims in respect of said cases as arouse in the dispute is in respect of personal in nature. Further it is submitted that since the dispute between the petitioners and the respondent no: 2/wife has been settled amicably and respondent no: 2 has agreed not to prosecute/contest the abovementioned case against the petitioners/accused incident is personal in nature. Hence it is just and necessary to permit the petitioners and the respondent no: 2 to compound the said case instead of subjecting the petitioner to face the trial.
4) In view of the above settlement between petitioners & respondent no: 2/complainant, the respondent no: 2/ complainant is filing the affidavit along with this Joint memo of compromise.
THEREFORE, the petitioners / accused no. 1 to 3 and the respondent no. 2 / complainant humbly prays that, this Hon'ble Court may kindly be pleased to allow the petition and grant permission to compound the said offences and consequently QUASH the further proceeding against the Accused no. 1 to 3/ petitioners as in HD City Women Police Station Crime No: A95/2022 for the offences punishable U/Sec. 498(A),323, 504, 506 and 34 of IPC & -5- NC: 2023:KHC-D:12212 CRL.P No. 102697 of 2023 3 and 4 of DP Act pending on the file Hon'ble 3rd Additional Civil Judge & JMFC (Jr.Div), At Hubballi in CC. No. 4641/2023, in the interest of Justice.
3. In the light of the settlement arrived at between the parties and the offence being the one punishable under Section 3 and 4 of D.P Act, I deem it appropriate to accept the application and close the proceedings.
For the aforesaid reasons, the following:
ORDER
i) Criminal Petition is closed.
ii) The proceedings in C.C.No.4641/2023 pending on the file of the III Addl. Civil Judge and JMFC, Hubballi stands quashed.
Sd/-
JUDGE vb ct:bck List No.: 1 Sl No.: 57