Allowed

Smt Mamatha v. State of Karnataka

Karnataka HC21 Apr 2022CRL.P/2369/2022

Case brief

AI extract

What is this about?

The Court disposed of a criminal petition filed under Section 482 CrPC seeking to quash proceedings arising from a family dispute. The parties, including the petitioner and the accused, reached a settlement via application under Section 320 CrPC and a joint affidavit. Finding the settlement voluntary, the Court quashed the charge sheet and proceedings.

What did the court decide?

The Criminal Petition stands disposed. Proceedings pending in C.C.No.916/2021 before the I Additional Civil Judge and JMFC, Magadi against the petitioners stands quashed.

Smt Mamatha Vs State of Karnataka — Quashing and FIR | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION No.2369/2022

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BETWEEN

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1 . SMT MAMATHA W/O SHADAKSHARI AGED ABOUT 34 YEARS R/AT GUNDIGERE KUDUR HOBLI MAGADI TALUK RAMANAGARA - 561 101

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2 . SRI PARAMESH S/O PUTTAGANGAIAH AGED ABOUT 28 YEARS

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3 . SRI MAHESHA S/O PUTTAGANGAIAH AGED ABOUT 36 YEARS

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SL.NO.2 & 3 ARE RESIDING AT: R/A. YEDEHALLI, SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 562 111

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4 . SMT UMADEVI W/O RUDRESH AGED ABOUT 38 YEARS R/AT KARIMANNE YAGUNDA POST

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SOMPURA HOBLI

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BENGALURU RURAL DISTRICT - 562 111

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5 . SRI LOKESH S/O SIDDAVEERAIAH AGED ABOUT 50 YEARS R/AT NO.21, 6TH MAIN AD HALLI BENGALURU - 560 079

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... PETITIONERS

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[BY SRI LAKSHMIKANTH G., ADVOCATE]

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AND

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1 . STATE OF KARNATAKA BY KUDUR P. S. (REP BY SPP HIGH COURT BUILDING COMPLEX BANGALORE - 560 001)

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2 . SRI PUTTANNA S/O LATE HONNAPPA AGED ABOUT 70 YEARS R/AT GUNDIGERE VILLAGE KUDUR HOBLI MAGADI TALUK RAMANAGARA KARNATAKA - 561 101

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... RESPONDENTS

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[BY SMT. YASHODA K.P., HCGP FOR R1; SMT. RAKSHA KEERTHANA K., ADVOCATE FOR R1]

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AND CONSEQUENTLY THE PROCEEDINGS IN C.C.NO.916/2021 (CRIME NO.225/2020 OF KADUR P.S.,) FOR OFFENCE P/U/S.143, 147, 323, 324, 504, 506 AND 149 OF IPC WHICH IS NOW ON THE FILE OF

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THE HONBLE COURT OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI.

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THIS CRIMINAL PETITION COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court calling in question proceedings in C.C.No.916/2021 registered for offences punishable under Sections 143, 147, 323, 324, 504, 506 and 149 of the IPC.

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During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows:

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“ APPLICATION FILED UNDER 320 r/w 482 OF CODE OF CRIMINAL PROCEDURE.

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The Petitioners and Respondent No.2 submits as follows:

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1. The offences alleged in the charge sheet is under Section 143, 147, 323, 324, 504, 506 & 149 of IPC for which there is no basis and the petitioners and respondent are family members and have entered into compromise voluntarily and out of

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their free will for the purpose of maintaining good relationship hereafter and not touching the interest of public and therefore to meet the ends of justice proceedings is necessary to be quashed.

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2. It is submitted that the Petitioners have preferred the main petition to quash the proceedings in CC No.916/2021 on the file of Hon’ble I addl. City Civil Judge & JMFC, Magadi which is arising out of Crime No.225/2021 of Kudur Police Station, Bangalore for offences under sections 143, 147, 323, 324, 504, 506 & 149 of IPC.

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3. It is submitted that, the Petitioner and Respondent No.2 have decided to put an end to the proceedings in CC No.916/2021 to maintain good relationship hereafter and therefore the second Respondent has agreed to quash the proceedings in CC No.916/2021 on the file of Hon’ble I addl. City Civil Judge & JMFC, Magadi which is arising out of Crime No.225/2021 of Kudur Police Station, Bangalore for offences under sections 143, 147, 323, 324, 504, 506 & 149 of IPC and there is no coercion or force is applied on the Respondent No.2.

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4. In view of intervention of the elder members of the family and relatives Petitioners and Respondent No.2 have agreed to settle the matter by way of compromise and the Respondent No.2 has willfully agreed to withdraw the allegations made.

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Wherefore , the Petitioners and the Respondent No.2 pray this Hon’ble Court to quash the entire charge sheet and the proceedings thereon in CC No.916/2021 on the file of Hon’ble I addl. City Civil Judge & JMFC, Magadi which is arising out of Crime No.225/2021 of Kudur Police Station, Bangalore for offences under sections 143, 147, 323, 324, 504, 506 & 149 of IPC in the ends of justice.”

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In light of the settlement arrived at between the parties as afore-quoted, I deem it appropriate to terminate the proceedings pending against the petitioners in the subject petition.

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Therefore, the following:

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ORDER

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i. Criminal Petition stands disposed.

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ii. Proceedings pending in C.C.No.916/2021 before the I Additional Civil Judge and JMFC, Magadi against the petitioners stands quashed.

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Sd/JUDGE

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SJK

Smt Mamatha v. State of Karnataka

Case brief

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Smt Mamatha v. State of Karnataka

Case brief

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