Dismissed

Shobha W/O Majunath Abbigeri v. Manjunath S/O Shivanangouda Abbigeri

Karnataka HC7 Dec 2022CRL.A/100198/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the criminal appeal against acquittal of accused under sections 498A and 494 IPC as withdrawn. The withdrawal followed a settlement memo filed by the appellant, expressing willingness to live harmoniously. Liberty was reserved for the appellant in case of future untoward incidents.

What did the court decide?

Criminal Appeal dismissed as withdrawn. Liberty reserved for the appellant in case of future untoward incidents against the accused.

Shobha W/O Majunath Abbigeri Vs Manjunath S/O… — Matrimonial and Divorce | Karnataka HC (2022)

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CRL.A No. 100198 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL APPEAL NO. 100198 OF 2015

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BETWEEN:

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SHOBHA W/O MAJUNATH ABBIGERI AGED: 43 YEARS, OCC: SINECURE, R/O: HOSAPETE NOW AT HIREVANKALKUNTA YELBURGA TALUK, KOPPAL DISTRICT

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..…APPELLANT

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(BY SRI. SATHISH M S.,ADVOCATE)

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AND:

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MANJUNATH S/O SHIVANANGOUDA ABBIGERI AGE: MAJOR, OC: BUSINESS, R/O: UKKADAKERI, NEAR GARADI HOUSE, PARVATHI NILAYA, HOSAPETE POST and TALUK BALLARI DISTRICT – 583201

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SARASWATI W/O MANJUNATH ABBIGERI AGE: MAJOR, OCC: HOUSEHOLD, R/O: UKKADAKERI, NEAR GARADI HOUSE,PARVATHI NILAYA, HOSAPETE POST and TALUK, BALLARI DISTRICT - 583201

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..…RESPONDENTS

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(BY SMT. V VIDYA.,ADVOCATE FOR R-1 SRI VISHWANATH HEGDE, ADV. FOR R-2)

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THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C. SEEKING TO CALL FOR RECORDS IN C.C. NO. 71/2007 WHICH WAS DISPOSED BY THE CIVIL JUDGE & JMFC, YELBURGA ON 25/08/2015 AND TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 25/08/2015 PASSED BY THE CIVIL JUDGE & JMFC, YELBURGA IN CC NO. 71/2007 THEREBY ALLOWING THE PRESENT CRIMINAL APPEAL CONVICT BOTH ACCUSED NO. 1 & 2 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A) & 494 OF IPC.

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THIS APPEAL COMING ON FOR ORDERS FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CRL.A No. 100198 of 2015

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JUDGMENT

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This Criminal Appeal is filed by the appellant being aggrieved by the judgment and order acquittal dated 25.08.2015 passed by the Civil Judge & JMFC, Yelburga and CC No.71/2007 for the offence punishable under section 498(A) & 494 of IPC.

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The complainant and respondent No.1 along with their respective counsels are present before this Court. Learned counsel for respondent No.2 is also present before the Court.

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Learned counsel for appellant has filed a memo stating that the appellant and Respondent No.1 have agreed to live together and they have decided to lead happy marital life. Hence, the memo is filed reporting the settlement between them and prayed to disposed of this appeal.

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Memo is placed on record.

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Appellant submits before the Court that herself and respondent No.1 are residing together and she further submits that without any coercion and undue influence she does not

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CRL.A No. 100198 of 2015

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want to proceed with the cases pending regarding recovery of arrears against respondent No.1.

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When the Court posed the specific question to the appellant regarding arrears of maintenance, she refused to take willing to stay with the respondent No.1

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Submission of the appellant is placed on record.

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Accordingly, the Criminal Appeal filed by the

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appellant is dismissed as withdrawn.

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However, if any untoward incident happens to the appellant in future, liberty is reserved to revive this appeal only against respondent No.1.

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The efforts made by the respective learned counsels to reunite the appellant and respondent No.1 is appreciated and is placed on record.

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Sd/JUDGE

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NAA List No.: 1 Sl No.: 10

Shobha W/O Majunath Abbigeri v. Manjunath S/O Shivanangouda Abbigeri

Case brief

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Shobha W/O Majunath Abbigeri v. Manjunath S/O Shivanangouda Abbigeri

Case brief

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