SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Prakash S/O Hanamashetty Nayak vs The State Of Karnataka on 9 March, 2018

1

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.
2

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
3

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
4

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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation