Disposed

Sri Deepak S/O Late Veerabhadrappa Jambotkar v. the State of Karnataka

Karnataka HC2 Sept 2024CRL.P/103516/2022

Case brief

AI extract

What is this about?

Husband sought quashing of charge sheet under Sections 498A, 323, 504, 506 IPC and Sections 3 and 4 Dowry Prohibition Act. Parties settled before mediation, agreeing to mutual divorce and payment of permanent alimony; wife consented to quashing. Court quashed proceedings.

What did the court decide?

Proceedings against petitioner-accused No.1 in C.C.No.2115/2021 quashed.

Sri Deepak S/O Late Veerabhadrappa Jambotkar Vs the… — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103516 OF 2022

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BETWEEN:

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SRI. DEEPAK S/O. LATE VEERABHADRAPPA JAMBOTKAR, AGED BOUT 35 YEARS, OCC: NIL, R/O: SKS COLONY, BHARATHI NAGAR, DHARWAD - 580007.

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…PETITIONER

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(BY SMT. BHARATI S. HANAGANDI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY PI HUBBALLI DHARWAD WOMEN POLICE STATION, NOW REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT BUILDING, DHARWAD - 580011.

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BHARATHI H M

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SMT. VIDYASHREE W/O. DEEPAK JABOTKAR, AGED ABOUT 30 YEARS, OCC: H.H.WORK, R/O: BASAVESHWAR NAGAR, BEHIND TAHSILDAR OFFICE, DIST: GADAG – 582101.

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…RESPONDENTS

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(BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. S.S.KOLIWAD, ADVOCATE FOR R2)

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Location: HIGH COURT OF KARNATAKA

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN C.C. NO. 2115/2021 PENDING ON THE FILE OF THE HON’BLE II ADDITIONAL CIVIL JUDGE AND JMFC-II, DHARWAD FOR THE OFFENCE PUNISHABLE U/S 498A, 323, 504, 506 R/W 149 IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED.

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

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner –accused No.1 praying to quash the charge sheet and proceedings in C.C.No.2115/2021 pending on the file of the II Additional Civil Judge and JMFC-II, Dharwad registered for offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of Indian Penal Code (Herein after referred as to “IPC” for brevity) and Sections 3 and 4 of the Dowry Prohibition Act (Herein after referred as to “D.P. Act” for brevity) so far as this petitioner –accused No.1 is concerned.

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On the complaint of respondent No.1, a case came to be registered against the petitioner and other accused for offence punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC in Crime No.47/2021 of Mahila Police Station,, Hubballi. After investigation charge sheet came to be filed against the petitioner and other accused for offences punishable under

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3 - NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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Sections498A, 323, 504, 506 read with Section 149 of IPC and Sections 3 and 4 of the D.P. Act. On the basis of the said charge sheet case came to be registered against the petitioner and other accused in C.C.No.2115/2021 on the file of the II Additional Civil Judge and JMFC-II, Dharwad. The proceedings of the said criminal case are sought to be quashed in this present petition by the petitioner –accused No.1.

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The matter came to be referred to the Mediation Centre. The report of the Mediation Centre has been received. In the Mediation Centre, the petitioner – accused No.1 and respondent No.2 have entered into memorandum of agreement dated 02.09.2024 which reads thus:

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“The Petitioner and his Advocate and Respondent and her Advocate are present.

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1. That both the parties have agreed to dissolve their marriage performed on 15.06.2020 by mutual consent.

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1. In view of difference of opinion between the parties there are cases and counter cases filed against each other. However, by the

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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intervention of elders, family members and friends the dispute between the parties has now been settled in the following terms:

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1. The cases filed by the respondent-wife against the Petitioner is as under:

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1. The respondent has filed Crl. Misc.No.150/2021 against the Petitioner under Section 125 of the Code of Criminal Procedure, claiming maintenance before the Family Court at Gadag, wherein a sum of Rs.10,000/has been granted as maintenance per month along with Rs.10,000/- towards litigation expenses. Challenging the same in RPFC No.100184/2022 filed by the Petitioner husband, wherein stay has been granted on 06.12.2022 by this Hon’ble Court subject to deposit of Rs.60,000/- which accordingly deposited by the Petitioner on 05.01.2023 and withdrawn by the wife. The said Petition is pending.

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1. The respondent-wife filed complaint against her husband, mother-in-law, married sisterin-law, brother-in-law, and another sisterin-law, under Section 498A, 323, 504, 506 R/w 149 IPC and Sec 3 & 4 of the Dowry Prohibition Act before the Hubballi Dharwad Women Police Station, wherein after the investigation Jurisdictional police have filed charge-sheet and C.C.No.2115/2021 came to be registered before the II Additional Civil Judge & JMFC Court, Dharwad.

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1. The cases filed by the husband/Petitioner against the respondent-wife is as under.

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1. In the Criminal Petition No.101174/2022 preferred by the mother-in-law, Brother-inlaw and sister in laws, this Hon’ble Court

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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vide its order dated 22.08.2023 was pleased to quash the proceedings in C.C.No.2115/2021 against all of them. The Petitioner has also preferred Crl.Pet. no.103516/2022, which is pending before this Hon’ble Court.

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1. The husband Petitioner has filed M.C.No. 322/2021 before the Family Court Dharwad for Divorce which later came to be transferred to the Principal Family Court Gadag re-numbered as M.C.No.121/2023 and came to be disposed of on 03.04.2024 by dismissing the petition for Divorce. Against the said judgment and Decree, this Petitioner preferred M.F.A.No.102857/2024 before this Hon’ble Court which is also pending for consideration.

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1. In view of the settlement of differences between the parties, the parties have settled the dispute in the following terms:

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1. The Petitioner-husband and Respondentwife have agreed to withdraw all the allegations made against each other and both have agreed to dissolve the marriage dated 15-06-2020 by mutual consent in the pending MFA No.102857/2024.

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1. The Respondent-wife has agreed to consent for quashing of the proceedings in C.C.No.2115/2021 against the Petitioner in Crl. Pet.No. 103516/2022.

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1. The Petitioner-husband has agreed to pay a sum of Rs.5,00,000 (Rupees Five Lakhs Only) towards the permanent alimony to the respondent wife. The Respondent-wife has agreed to receive the same as full and

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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final settlement and further declare that she has no claim of whatsoever nature against the petitioner- husband and his family. Respondent-wife has further declare that she has agreed to withdraw the Petition filed for recovery of arrears of maintenance against this Petitioner-Husband in Crl.Misc.No.107/2023 before the Principal Family Court Gadag. The Petitioner-husband declare that he has no claim of whatsoever nature in future against the RespondentWife. The payment of amount agreed supra is as under;

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1. The Petitioner husband has agreed to pay Rs.5,00,000/- (Rupees Five Lakhs Only) by way of DD No. 963048 drawn on State Bank of India AGSC Campus, Dharwad, Dated 31.08.2024 before this Hon'ble Court in MFA No.102857/2024, the respondent-wife acknowledges the same.

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1. The Respondent-wife acknowledge that she has already received the entire household articles given to the Petitioner-husband at the time of marriage.

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1. The Petitioner-husband also agreed to return to the respondent-wife a golden Chain measuring 15.020gm and a golden ring measuring 6.630gm given to him at the time of marriage before the Hon'ble Court in MFA No.102857/2024, the respondent-wife acknowledges the same.

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1. Both parties and their parents have agreed to withdraw all the allegations and counter allegations made against each other in their respective cases and objections. Both the parties and their parents have agreed that they will not file any cases against each other in future.

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NC: 2024:KHC-D:12603 CRL.P No. 103516 of 2022

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1. Both the parties have read and agreed to the above terms and conditions.”

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The petitioner –accused No.1 and respondent

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No.2 are present and they admitted terms of settlement recorded before the Mediation Centre in term of

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memorandum of agreement.

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In view of the settlement between the parties,

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the proceedings against the petitioner –accused No.1 in C.C.No.2115/2021 pending on the file of the II Additional

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Civil Judge and JMFC-II, Dharwad are quashed.

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6. Accordingly, the petition is disposed of.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP CT:ANB List No.: 4 Sl No.: 1

Sri Deepak S/O Late Veerabhadrappa Jambotkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Deepak S/O Late Veerabhadrappa Jambotkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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