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Judgments of Supreme Court of India and High Courts

Tikkayya And Ors vs Radhamma & Anr on 15 February, 2019

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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH

DATED THIS THE 15TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.G.M.PATIL

CRIMINAL PETITION NO. 200216/2019

BETWEEN:

1. Tikkayya S/o Budda Narasinhalu,
Age: 28 years, Occ: Belder,
R/o Gillesugur, Tq. Dist: Raichur-586101.
2. Laxmi W/o Budda Narasinhalu,
Age: 49 years, Occ: Colie
R/o Gillesugur, Tq. Dist: Raichur-586101.
3. Muttamma W/o Ramayya,
Age: 64 years, Occ: Coolie,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.
4. Devaraj S/o Bhimanna,
Age: 30 years, Occ: Agriculture,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.
5. Mahadevi W/o Devaraj,
Age: 28 years, Occ: Coolie,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.
6. Koppamma @ Timmalamma
W/o Shankrayya,
Age: 36 years, Occ: Coolie,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.
2

7. Shankrayya S/o Hanumanth,
Age: 39 years, Occ: Agriculture,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.

8. Venkatesh S/o Narasappa,
Age: 42 years, Occ: Agriculture,
R/o Yergera, Tq. Yergera,
Dist. Raichur-586101.
.. Petitioners

(By Sri Shivanand V. Pattanshetti, Advocate)

AND:

1. Radhamma W/o Tikkayya,
Age: 25 years, Occ: Household,

2. The State of Karnataka,
R/by Addl. SPP High Court of Karnataka
Kalaburagi Bench-585103.
(Through its Idapanoor P.S.)
Dist. Raichur-586101.
… Respondents

This Criminal Petition is filed under Section 482 of
Cr.P.C, praying to quash the taking of cognizance and issue
of process dated 27.07.2016 and consequently quash the
proceedings in CC No.2233/2016 (Crime No.85/2015
registered by Idapanoor P.S. Raichur), for the offence
punishable under Sections 498(A), 323, 494, 504 109 R/w
149 of IPC pending on the file of Addl. JMFC-III at Raichur,
in the interest of justice and equity.

This petition coming on for Admission this day, the
Court made the following:
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ORDER

Today the petitioner No.1 husband and

respondent No.1 the wife have filed separate affidavits

stating that M.C.No.98/2018 was compromised and

consequently the marriage of the petitioner No.1 and

respondent No.1 was dissolved by decree of divorce and

the petitioner No.1 has also paid permanent alimony of

Rs.2,25,000/- to respondent No.1. Respondent No.1

admits that she has received permanent alimony of

Rs.2,25,000/- from his petitioner No.1. The copy of the

divorce decree is also produced. The petitioners and

respondent No.1 submits that now the matter is

amicably settled. The counsel for the petitioners and

respondent No.1 relying on the decision of Hon’ble Apex

Court in the case of Gian Singh V/s State of Punjab

and another, reported in (2012) 10 SCC 303, submits

that when the matrimonial case is settled by

compromise between the parties, it would be unfair or
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contrary to the interest of justice, to continue with the

criminal proceedings or continuation of criminal

proceedings would amounts to abuse of process of law,

despite settlement and compromise between the victim

and the wrongdoer. Therefore, it is appropriate that the

criminal case is put to an end. Relying on the said

judgment of the Hon’ble Apex Court, it is just and

necessary to quash the proceedings pending against the

petitioners in C.C.No.2233/2016 on the file of Addl.

JMFC III Court, Raichur for the offence punishable

under Section 498A, 323, 494, 504, 109 R/w 149 of

IPC. Accordingly, the petition is allowed and the said

proceedings pending against the petitioner Nos.1 to 8

are quashed.

Sd/-

JUDGE

SMP / RPH

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