Sri H Mandhara Kulkarni vs State Of Karnataka on 1 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.6193/2017

BETWEEN:

1. SRI. H. MANDHARA KULKARNI
AGED ABOUT 40 YEARS
S/O HANUMANTHA B.KULKARNI
R/AT NO.215/D, 18TH MAIN ROAD
19TH CROSS, J.P.NAGAR 5TH PHASE
BANGALORE-560 078.

2. SRI. HANUMANTHA T. KULKARNI
AGED ABOUT 75 YEARS
S/O LATE THRIMBAKA KULKARNI
R/AT NO.215/D, 18TH MAIN ROAD
19TH CROSS, J.P.NAGAR 5TH PHASE
BANGALORE-560 078.

3. SMT. HEMANGI
@ RAGINI KULKARNI
AGED ABOUT 65 YEARS
W/O HANUMANTHA T.KULKARNI
R/AT NO.215/D, 18TH MAIN ROAD
19TH CROSS, J.P.NAGAR 5TH PHASE
BANGALORE-560 078.

4. SMT. KSHAMA KULKARNI
AGED ABOUT 43 YEARS
W/O SATISH GRAMOPADYAYA
R/AT NO.301, SHRUTHI COMPLEX
G.BUILDING, MANDOLI ROAD
SHANTHINAGAR
BELGAUM-590 006.
… PETITIONERS
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(BY SRI. MUNISWAMY GOWDA S.G, ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY J. P NAGAR POLICE STATION
BY ITS SPP, OFFICE OF THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE.

2. SMT. A. G. KEERTHI
AGED ABOUT 40 YEARS
W/O MANDHARA KULKARNI
R/AT NO.27, VAISHNAVI NILAYA
RANGANATHA LAYOUT
HAROHALLI, KANAKAPURA
TALUK, RAMANAGARA DIST.-562 112.

… RESPONDENTS

(BY SRI. S.RACHAIAH, HCGP FOR R-1;
SMT. M.V. VEDAMURTHY, ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN SPL. C.C.NO.21/2011 ON THE FILE OF II
ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE
REGISTERED FOR THE OFFENCE P/U/S 498(A) R/W 34
OF IPC AND SECTION 3 AND 4 OF D.P. ACT AND SECTION
3(1) (x) OF SC/ST (POA) ACT.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER

Heard Sri.Muniswamy Gowda.S.G., learned

counsel appearing for petitioners, Sri.M.V.Vedamurthy,

learned counsel appearing for second respondent and

Sri.S.Rachaiah, learned HCGP appearing for first

respondent-State. Perused the records.

2. Petitioners who have been arraigned as

accused Nos.1 to 4 in C.C.No.21/2011 pending on the

file of II Addl. City Civil and Sessions Judge, Bengaluru,

registered for the offences punishable under Section

498A r/w Section 34 IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961 and Section 3(1)(x) of Schedule

Castes and Schedule Tribes (Prevention of Atrocities)

Act, 1989, are seeking for quashing of said proceedings.

3. Marriage between first petitioner and second

respondent came to be solemnised on 29.07.2009 and

on account of certain disputes having arisen, they have

been residing separately and it is reported that there are

no issues out of said wedlock. First petitioner filed a

petition for divorce in M.C.No.2386/2011, which ended
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in settlement as per document No.5 produced along

with the petition. Perusal of same would indicate that

respondent therein namely, second respondent herein

has agreed to withdraw the pending criminal

proceedings i.e., C.C.No.21/2011 vide Clause No.5 of

the agreement.

4. Second respondent is present before Court

and she submits that she has no objection for quashing

said proceedings. She has also filed an affidavit

reiterating the settlement arrived at in

M.C.No.2386/2011 and a memo is also filed indicating

thereunder that she has received the entire amount as

agreed to under the settlement arrived in

M.C.No.2386/2011. She has also stated that out of her

own free will and without any force, threat or coercion

she had signed the settlement and affidavit filed today.

Second respondent is identified by the learned Advocate

representing her and a memo is also filed enclosing

photocopy of her Driving Licence, which is duly signed
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by second respondent as well as her counsel. Said

memo is placed on record.

5. In that view of the matter, this Court is of

the considered view that there is no impediment to

accept the settlement arrived at between parties and

continuation of further proceedings would be contrary

to dicta laid down by the Apex Court in the case of GIAN

SINGH VS. STATE OF PUNJAB AND ANOTHER

reported in (2012) 10 SCC 303.

Hence, I proceed to pass the following:

ORDER

(i) Criminal petition is hereby allowed.

(ii) Proceedings in C.C.No.21/2011

pending against petitioners on the

file of II Addl. City Civil Sessions

Judge, Bengaluru, is hereby

quashed.

(iii) Petitioners are acquitted of the

offences punishable under Section

498A r/w Section 34 IPC and
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Sections 3 and 4 of Dowry

Prohibition Act, 1961 and Section

3(1)(x) of Schedule Castes and

Schedule Tribes (Prevention of

Atrocities) Act, 1989.

SD/-

JUDGE

DR

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