The High Court of Karnataka allowed a criminal petition filed under Section 482 CrPC to quash proceedings initiated against petitioners. The court quashed the proceedings as the matter had been settled between the parties, and the offences were compoundable in nature.
The proceedings initiated in Crime No. 297/2016 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.101000 OF 2018
BETWEEN:-
2
ALL ARE AGRICULTURISTS AND PERMANENT RESIDENTS OF JEDDU, AMASEBAIL VILLAGE AND POST, KUNDAPURA TALUK,UDUPI DISTRICT.
... PETITIONERS
(BY SRI. SANTOSH B MANE, ADV.)
AND
... RESPONDENTS
(BY SRI. A R RODRIGUES AGA FOR R.1 & SRI. N.D GUNDE ADV. FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 12.01.2018, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HANAGAL IN CRIME NO. 297/2016 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 354, 504, 506 R/W 149 IPC AND THEREBY QUASH ALL FURTHER PROCEEDINGS THEREAFTER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the criminal proceedings initiated against the petitioners in Crime No.297/2016 for the offences punishable under Sections 143, 147, 323, 354, 504, 506 R/W 149 IPC and quash all other further proceedings.
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wife and when the parties have entered the settlement and the same has been accepted by the Court below vide joint memo filed by the petitioner and the respondent on 23.02.2019, in terms of the joint memo, referred the pendency of this petition before this Court and agreed to give her consent for granting the relief’s’ claimed by the petitioner Nos.1 to 9 in this petition.
memo, I proceed to pass the following :
ORDER
Petition is allowed.
The proceedings initiated in Crime No.297/2016 is
quashed.
Sd/JUDGE
HMB
2 issues framed by the court
Whether criminal proceedings initiated under sections 143, 147, 323, 354, 504, 506 IPC between family members and wife versus mother-in-law should be quashed upon settlement.
Whether offences involved in the instant criminal case are compoundable in nature.
2 provisions across 2 enactments
Sri. Jeddu Rama Poojari S/O Late Bacha Poojary
Smt. Seethamma @ Ammanni W/O Jeddu Rama Poojari
Smt. Lakshmi W/O Prakash
Sri. Sanjeeva S/O Yallappa Poojary
Smt. Baby W/O Sanjeeva Poojary
Smt. Gulabi W/O Sudhakara Poojary
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
