Petition under Section 482 Cr.P.C. to quash proceedings for SC/ST offences. Court quashed proceedings after complainant settled matter via elders.
Quashed proceedings in Special SC and ST No.53/2023 against petitioner in Court of II Addl. District and Sessions Judge, Dharwad.
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 10TH DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 100311 OF 2024
BETWEEN:
SMT. ARATI W/O. MANOJ NAYAK, AGE: 45 YEARS, OCC: LECTURER R/O. PLOT NO. 5, 1ST MAIN, 3RD CROSS, ASHOK NAGAR, SADHANKERI DHARWAD, TQ AND DIST: DHARWAD-580007.
…PETITIONER
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE CHARGE SHEET SUBMITTED IN SUB-URBAN P.S. DHARWAD CRIME NO.154/2023 REGISTERED FOR THE OFFENCES PUNISHABLE U/S 323, 354, 504, 506 THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT U/S 3(1)(r), 3(2) (va) AND QUASH THE ENTIRE PROCEEDINGS IN SPL. SC/ST 53/2023 PENDING IN THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES UNDER POCSO ACT AND SC AND ST (POA) ACT, IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.1 IS CONCERNED IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the sole accused under Section 482 of Cr.P.C praying to quash the charge sheet and entire proceedings in Special SC and ST No.53/2023 pending on the file of II Additional District and Sessions Judge, Dharwad, registered for offences punishable under Sections 323, 354, 504 and 506 of IPC and Sections 3(1) (r), 3(2) (va) of SC and ST (POA) Act.
An application is filed under Section 482 r/w Section 320(2) of Cr.P.C and it is signed by petitioner, respondent No.2 and their respective counsels. The said application is supported by the affidavit of respondent No.2. In the affidavit, respondent No.2 has stated that at the intervention of the elders and well-wishers, the matter is settled between them. The respondent No.2 is present before the Court submit that she has settled the matter with the petitioner and she has no objections to quash the proceedings against the petitioner.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
PJ CT:ANB List No.: 1 Sl No.: 60
2 provisions across 2 enactments
Smt. Arati
The State of Karnataka
Smt. Lata
Shivashankar Amarnavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
