Allowed

Thakaru and Ors. v. the State of Karnataka and Anr.

Karnataka HC13 Dec 2024CRL.P/201046/2024

Case brief

AI extract

What is this about?

Husband and in-laws sought quashing of a matrimonial cruelty case under Sections 498A, 323, 354, 504, 506 r/w 34 IPC. Following amicable settlement between husband and wife, evidenced by joint memo and the complainant's affidavit, and relying on Gian Singh v State of Punjab, the High Court quashed the entire proceedings.

What did the court decide?

Entire proceedings in C.C.No.7013/2023 arising out of Crime No.12/2023 of Kalaburagi City Women Police Station were quashed against all petitioners.

Thakaru and Ors. Vs the State of Karnataka and Anr. — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC-K:9625 CRL.P No. 201046 of 2024 C/W CRL.P No. 201467 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 201046 OF 2024 C/W CRIMINAL PETITION NO. 201467 OF 2024

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IN CRL.P NO. 201046/2024:

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BETWEEN:

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THAKARU AND ORS S/O POORU JADHAV, AGED ABOUT 53 YEARS, OCCUPATION RATION SHOP

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AND AGRICULTURE.

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ASHA

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W/O THAKARU JADHAV AGED ABOUT 45 YEARS OCCUPATION HOUSEHOLD.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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SUNIL KUMAR S/O THAKARU JADHAV AGED ABOUT 25 YEARS OCCUPATION STUDENT.

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RESHMA D/O THAKRU JADHAV AGED ABOUT 21 YEARS OCCUPATION STUDENT.

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ALL THE ABOVE PETITIONERS ARE RESIDING AT RESIDENCE OF H.NO.22/49 SUGUR MAIN ROAD, NEAR SEVALAL TEMPLE KARIKAL TANDA, KALGI, KALABURAGI - 585 312.

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SMT. PRIYANKA RATHOD W/O SHEVU RATHOD

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2 - NC: 2024:KHC-K:9625 CRL.P No. 201046 of 2024 C/W CRL.P No. 201467 of 2024

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AGED ABOUT 24 YEARS OCCUPATION HOUSEWIFE RESIDENCE OF TALUKA SINDAGI DISTRICT VIJAYAPURA - 586 128.

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SMT. RAMYA W/O BYREGOWDA AGED ABOUT 30 YEARS OCCUPATION PRIVATE JOB RESIDENCE OF H.NO. 108 NEAR WATER TANK KARLAPURA BYATHA BENGALORE - 586 128.

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…PETITIONERS

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(BY SRI RAVI BHEEMSINGH CHAWAN, ADV.)

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AND:

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THE STATE OF KARNATAKA THROUGH WOMAN P.S KALABURAGI CITY, REP. BY ASSL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT KALABURAGI BENCH.

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SMT. SAVITHA W/O DINESH JADHAV AGE. 28 YEARS OCCUPATION HOUSEWIFE RESIDENCE OF KARIKAL TANDA TALUKA KALGI, NOW AT P AND T COLONY, KALABURAGI - 585 102.

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…RESPONDENTS

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(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R-1; SRI SHARANABASAPPA K, BABSHETTY, ADV.)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 7013 OF 2023 IN FIR NO. 338/2023 IN CRIME NO. 12/2023 OF KALABURAGI CITY WOMEN POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/SEC. 498A, 323, 354, 504, 506 R/W 34 OF IPC, FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS WHICH IS PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC-K:9625 CRL.P No. 201046 of 2024 C/W CRL.P No. 201467 of 2024

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IN CRL.P NO. 201467/2024:

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BETWEEN:

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DINESH S/O THAKRU JADHAV AGED ABOUT 31 YEARS OCC GOVT SERVENT, R/O.H.NO.39-40 NEAR HANUMAN TEMPLE KARIKAL TANDA TQ-KALGI, NOW AT H.NO.1-949/25/74 SITARAM RATHOD NILAYA, 1ST FLOOR K.H.B. COLONY AMBIKA NAGAR TQ AND DIST- KALABURAGI - 585 103.

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...PETITIONER

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(BY SRI RAVI BHEEMSINGH CHAWAN, ADV.)

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AND:

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THE STATE OF KARNATAKA THROUGH WOMAN P.S KALABURAGI CITY, REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT KALABURAGI BENCH - 585 103.

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SMT. SAVITHA W/O DINESH AGE 28 YEARS, OCC HOUSEWIFE R/O KARIKAL TANDA, TQ-KALGI NOW AT P & T COLONY KALABURAGI - 585 102.

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…RESPONDENTS

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(BY SRI MALLIKARJUNA SAHUKAR, AGA FOR R-2; SRI SHARANABASAPPA K. BABSHETTY, ADV., FOR R-2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.7013 OF 2023 IN FIR NO.338/2023 IN CRIME NO.12 OF 2023 OF KALABURAGI CITY WOMEN POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/SEC:498A, 323, 354, 504, 506 R/W 34 OF IPC FILED BY THE RESPONDENT NO.2 AGAINST THE PETITINER/ACCUSED NO.1, WHICH IS PENDING ON THE FILE OF I ADDL. CIVIL JUDGE & JMFC AT: KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2024:KHC-K:9625 CRL.P No. 201046 of 2024 C/W CRL.P No. 201467 of 2024

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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These two criminal petitions are filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in C.C.No.7013/2023 pending before the Court of I Addl. Civil Judge & JMFC, Kalaburagi, arising out of Crime No.12/2023 registered by Kalaburagi City Women Police Station, Kalaburagi, for the offences punishable under Sections 498A, 323, 354, 504, 506 read with 34 IPC.

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Heard the learned Counsel for the parties.

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Learned Counsel for the parties submit that the dispute

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between the parties has been amicably settled and accused no.1 and respondent no.2 who are husband and wife have decided to give a quietus to the dispute between them and they are now residing together. They submit that the parties have filed a joint memo which is supported by the affidavit of respondent no.2-wife, and accordingly they pray to allow the petitions.

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Learned AGA does not seriously oppose the prayer made in the petitions.

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Perusal of the material available on record would go to show that FIR in Crime No.12/2023 was registered by Kalaburagi City Women Police Station against the petitioners herein for the offences punishable under Sections 498A, 323, 354, 504, 506, 34 IPC. After investigation of the case, charge sheet is filed against the accused persons for the aforesaid offences. The dispute in the present case is between family members and it appears that during the pendency of this petition, the dispute has been amicably settled at the intervention of well-wishers and elders, and both the parties have filed a joint memo along with the affidavit of respondent no.2 praying to quash the entire proceedings. In the affidavit of respondent no.2 who is the first informant in the present case, in paragraphs 3 & 4, it is stated as under:

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"3. I state that, I and the petitioner/accused no.1/my husband on intervention of the elders, relatives and well-wishers, have settled the issue and in furtherance of the same we are living together as husband and wife happily, by forgoing

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the past incident and by restoring marital obligations.

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I state that in view of issue being resolved, now I am don't want to prosecute the case against petitioners as we are cordial to each other and that being the fact it would be futile exercise in conducting trial in C.C.No.7013 of 2023 pending on the file of I Addl. Civil Judge & JMFC, Kalaburagi, as I am intending not to prosecute the case, as such in all probabilities the same would end in acquittal."

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Considering the averments found in the joint memo filed by the parties and also the affidavit of respondent no.2 who is the first informant in the present case, and in the background of law laid down by the Hon'ble Supreme Court in the case of

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GIAN SINGH VS STATE OF PUNJAB & ANOTHER - (2012)10

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SCC 303 , I am of the opinion that the prayer made by the petitioners in these petitions requires to be granted. Accordingly, the following order:

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Petitions are allowed. The entire proceedings in C.C.No.7013/2023 pending before the Court of I Addl. Civil Judge & JMFC, Kalaburagi, arising out of Crime No.12/2023 registered by Kalaburagi City Women Police Station,

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NC: 2024:KHC-K:9625 CRL.P No. 201046 of 2024 C/W CRL.P No. 201467 of 2024

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Kalaburagi, for the offences punishable under Sections 498A, 323, 354, 504, 506 read with 34 IPC, is hereby quashed.

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SD/-

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(S.VISHWAJITH SHETTY)

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JUDGE

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