Disposed

Sri. Amogh S/O Jagadish Kudare v. the State of Karnataka

Karnataka HC10 Sept 2024CRL.P/101252/2024

Case brief

AI extract

What is this about?

Accused Nos.1 to 6 in a Chikkodi Police Station FIR under Section 498A IPC sought quashing via compromise with the complainant wife. Both parties appeared before court confirming the settlement terms; proceedings were quashed and the petition disposed of.

What did the court decide?

FIR and complaint in Chikkodi PS Crime No.20/2024 against petitioners quashed pursuant to compromise including Rs.20,00,000/- permanent alimony settlement.

Sri. Amogh S/O Jagadish Kudare Vs the State of… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12969 CRL.P No. 101252 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101252 OF 2024

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BETWEEN:

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SRI. AMOGH S/O. JAGADISH KUDARE, AGE: 35 YEARS, OCC: PVT SERVICE,

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SMT. SWAPNA W/O. JAGADISH KUDARE, AGE: 65 YEARS, OCC: HOUSEWIFE,

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SMT. SAMBRAMA D/O. JAGADISH KUDARE, AGE: 32 YEARS, OCC: PVT SERVICE, ALL ABOVE R/O. HANUMAN NAGAR, TQ AND DIST. BELAGAVI, PIN-590019.

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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SHRI. PRASHANT SHAMBULINGAPPA, AGE: 35 YEARS, OCC: PVT. SERVICE, R/O: HAVERI, NOW AT VIJAY NAGAR, BENGALURU - 560040.

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SHRI. MOHAN MUDAKANAGOUDA PATIL, AGE: 55 YEARS, OCC: BUSINESS, R/O: HAVERI, TQ AND DIST: HAVERI -581110.

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SHRI. MALLIKARJUN VEERAPPA ULLAGADDI AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O: HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN - 580009.

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…PETITIONERS

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(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

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2 - NC: 2024:KHC-D:12969 CRL.P No. 101252 of 2024

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AND:

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THE STATE OF KARNATAKA THROUGH CHIKKODI POLICE STATION, REPRESENTED BY ADDL STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA , DHARWAD BENCH AT DHARWAD-580011.

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SMT. DEEPA W/O AMOGH KUDURE, AGE: 32 YEARS, OCC: HOUSEWIFE, R/O. HANUMAN NAGAR, BELAGAVI. NOW R/O. C/O. B.D.PATIL, SBI COLONY, CHIKODI- 591201, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED IN CHIKKODI PS CRIME NO.20/2024 REGISTERED FOR OFFENCES P/U/SEC. 498A, OF IPC IN SO FAR AS PRESENT PETITIONERS/ACCUSED NOS. 1 TO 6 ARE CONCERNED, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, CHIKKODI, DIST. BELAGAVI.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC-D:12969 CRL.P No. 101252 of 2024

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ORAL ORDER

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The petition is filed by accused Nos.1 to 6 praying to quash the FIR and complaint registered in Chikkodi Police Station Crime No.20/2024 registered for offences punishable under Section 498-A of IPC.

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Respondent No.2 filed complaint and the same came to be registered against the petitioners for offences under Section 498-A of IPC. The said FIR and complaint are sought to be quashed in the present petition.

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The petitioner Nos.1 to 6 and respondent No.2 are present. The memorandum of compromise petition under Section 320(2) r/w Section 482 of Cr.P.C and Section 528 of BNSS is filed and it is signed by petitioner Nos.1 to 6 and respondent No.2 and their respective counsels.

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The terms of compromise are stated in para No.6 of the said compromise petition. As per the terms of the compromise, the petitioner No.1 has to pay a sum of Rs.20,00,000/- towards the full and final settlement of

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4 - NC: 2024:KHC-D:12969 CRL.P No. 101252 of 2024

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permanent alimony. The petitioner No.1 has handed over the cheque for a sum of Rs.5,00,000/- the details which are mentioned in para No.6(d) and respondent No.2 reports receipt of the same. Out of the balance amount, Rs.5,00,000/- has to be paid at the time of filing of divorce petition and Rs.10,00,000/- at the time of leading evidence of divorce petition.

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The respondent No.2 is present before the Court and admits the terms of the compromise. He further submit that there is no force or coercion of anybody to enter into compromise. In view of the compromise, the proceedings against the petitioners in Crime No.20/2024 of Chikkodi Police Station are quashed. Accordingly, the

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petition is disposed of.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT:ANB List No.: 1 Sl No.: 9

Sri. Amogh S/O Jagadish Kudare v. the State of Karnataka

Case brief

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What did the court decide?

Sri. Amogh S/O Jagadish Kudare v. the State of Karnataka

Case brief

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