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Judgments of Supreme Court of India and High Courts

Rajesha Sm S/O. Kotraiah Sm vs Smt. M. C. Pornima W/O S M Rajesha on 24 April, 2017

1

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

Dated this the 24th day of April 2017

Before

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

Criminal Petition No.100569/2017
BETWEEN

1. RAJESHA SM S/O. KOTRAIAH SM
AGE:42 YEARS,
OCC:PRINCIPAL IN ITI COLLAGE
KOTTUR TOWN KUDLIGI-TQ
BALLARI-DISTRICT

2. GURUPRASADA S/O KOTRAIAH SM
AGE: 40 YEARS,
KOTTUR TOWN KUDLIGI-TQ
BALLARI-DISTRICT

3. SMT. SUSHILAMMA W/O SM KOTRAIAH
AGE: 60 YEARS,
OCC: HOUSEWIFE
KOTTUR TOWN KUDLIGI-TQ
BALLARI-DISTRICT

4. SMT. S M NALEENA,
W/O. R C ARUNAKUMAR,
AGE: 35 YEARS, OCC: TEACHER,
KOTTUR TOWN KUDLIGI-TQ
BALLARI-DISTRICT

5. SMT. SHOBHA,
W/O. S M GURUPRASAD,
AGE: 32 YEARS, OCC: STORE KEEPER
KOTTUR TOWN KUDLIGI-TQ
BALLARI-DISTRICT. …PETITIONERS

(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
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AND

1. SMT. M. C. POORNIMA,
W/O S. M. RAJESHA
D/O LATE CHANDRAHSEKARAIAH
AGE: 34 YEARS,
SREE VEERABHADRESHWARA NILAYA
NEAR SRS COLLEGE
NEAR NH-13, CHITRADURGA

2. THE STATE BY SUB INSPECTOR OF POLICE
KOTTU POLICE STATION,
KOTTUR, BALLARI DISTRICT,
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD. …RESPONDENTS

(BY SRI. H.B. SHARANAGOUDA, ADVOCATE FOR R1
SRI. RAJA RAGHAVENDRA NAIK, HCGP FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., SEEKING TO QUASHING THE PROCEEDING IN
CRIME NO. 19 OF 2017 OF KOTTUR POLICE STATION KOTTUR,
BALLARI DISTRICT FOR OFFENCES PUNISHABLE UNDER
SECTION 498A, 506, 504 AND 34 OF IPC AND UNDER SECTION
3 AND 4 OF DOWRY PROHIBITION ACT 1961 FOR PETITIONERS
ARE CONCERNED IN THE ABOVE CASE.

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

ORDER

The petitioners and respondent No.1-complainant are

present. The learned counsels representing the petitioners

and also respondent No.1-complainant are also present.

The learned High Court Government Pleader representing

respondent No.2-State is also present.
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2. Parties have presented a Joint Memo under Section

320 read with Section 482 of the Code of Criminal

Procedure, wherein, in para No.3, it is mentioned that the

petitioners and respondent No.1 are close relatives and

known to each other; petitioners and respondent No.1 have

settled the matter on the advice of the elders of the both

parties; respondent No.1 is ready to withdraw her

complaint which has been filed before the Kottur Police

Station on 14.02.2017 registered in Crime No.19/2017 for

the offences punishable under Sections 498A, 504, 506

read with Section 34 of IPC and Sections 3 and 4 of the

Dowry Prohibition Act. In para 4 of the Joint Memo, it is

mentioned that in view of the amicable settlement arrived

at between both the parties, they may be permitted to

compound the offences.

3. The Joint Memo is signed by all the petitioners and

respondent No.1-complainant and their respective counsels.

4. Parties have stated that they want to lead a

peaceful life and have settled the matter. The matter
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relates to the offences with regard to the matrimonial

dispute between the complainant and her husband and

other family members. In view of the settlement arrived at

between the parties, the said compromise is accepted, and

the parties are permitted to compound the offences by

allowing the Joint memo filed under Section 320 read with

Section 482 of Cr.P.C. In view of the compromise and

compounding of the offences, the proceeding initiated as

against the petitioners herein in Kottur Police Station Crime

No.19/2017 for the offences punishable under Sections

498A, 504, 506 read with Section 34 of IPC and Sections 3

and 4 of the Dowry Prohibition Act, is hereby quashed.

Petition is disposed of in terms of the Joint Memo.

In view of disposal of the petition, I.A.No.1/2017

does not survive for consideration and the same is

accordingly dismissed.

Sd/-

JUDGE

Kms

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