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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF MARCH, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.102641/2017
BETWEEN:
1. PRAKASH S/O HANAMASHETTY NAYAK,
AGE: 33 YEARS, OCC:PRIVATE SERVICE,
R/O: SHIVAJI NAGAR, BELAGAVI,
TQ DIST: BELAGAVI.
2. HANAMASHETTY LAMANI,
AGE: 63 YEARS, OCC: RETD. GOVT. SERVANT,
R/O: SHIVAJI NAGAR, BELAGAVI,
TQ DIST: BELAGAVI.
3. KAMALA W/O HANAMASHETTY LAMANI,
AGE: 55 YEARS, OCC: HOUSEWIFE,
R/O: SHIVAJI NAGAR, BELAGAVI,
TQ DIST: BELAGAVI.
4. MANJULA W/O ANAND CHOUHAN,
AGE:36 YEARS, OCC: HOUSEWIFE,
R/O: SHIVAJI NAGAR, BELAGAVI,
TQ DIST: BELAGAVI.
… PETITIONERS
(BY SRI.MALLIKARJUN B MADANALLI, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ATHANI POLICE STATION,
REPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD.
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2. SMT.RAJASHREE W/O PRAKASH NAYAK,
AGE: 31 YEARS, OCC: HOUSEWIFE,
R/O: SHIVAJI NAGAR, BELAGAVI,
TQ DIST: BELAGAVI.
… RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR HCGP FOR R1,
SRI.CHETAN MUNOLLI, ADV. FOR
SRI.D.M.MALLI ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO ALLOW THIS PETITION AND TO QUASH THE
FIR CRIME NO. 246 OF 2016 DATED 07.06.2016 REGISTERED IN
ATHANI POLICE STATION FOR OFFENCES UNDER SECTION 498(A),
323, 504, 506 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C.
seeking to quash the FIR in Crime No.246/2016 registered by
the respondent No.1 under Sections 498(A), 323, 504, 506
r/w Sec.34 of IPC.
2. The FIR is registered on the basis of the complaint
lodged by respondent No.2. The respondent No.2 is present
before the Court. She along with the petitioners who are
arrayed as accused Nos.1, 2, 3 4 in the aforesaid Crime
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No.246/2016 have filed an application under Section 320 of
Cr.P.C., seeking leave of the Court to compound the alleged
offences. The application is duly signed by the petitioners as
well as respondent No.2 and their respective counsel. The
parties are identified by their respective counsel.
3. By the above compromise, the respondent No.2 is
willing to withdraw the complaint filed before the
jurisdictional police and does not want to proceed with the
matter. The parties have amicably settled their disputes in
order to build up their family and to restore peace and
quietude in their lives. I am satisfied that the compromise
entered into by the parties is free and voluntary and is in the
immediate interest of their family and in the larger interest of
the society, therefore, it is valid and legal. It does not offend
any provisions of law as this Court is empowered under
Sec.482 of Cr.P.C. to quash proceedings, if the matter is
amicably settled even in respect of the offence under
Sec.498A of I.P.C. Hence, parties are permitted to
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compound the offences under Section 320 r/w Section 482 of
Cr.P.C.
4. Criminal Petition is disposed of in terms of the said
compromise. All further proceedings arising out of Crime
No.246/2016 are quashed.
Sd/-
JUDGE
Hmb