A criminal petition to quash FIR and proceedings for IPC 323, 504, 506, 498-A and Dowry Prohibition Act Sections 3 and 4 was settled by joint affidavit: husband paid Rs.2 lakh permanent alimony to wife. The court permitted compounding under Section 320 CrPC and quashed the proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 7737 OF 2021
BETWEEN:
Digitally signed by SWAPNA V Location: high court of karnataka
KALABURAGI - 585 291.
…PETITIONERS
(BY SRI. MAHESH KUMAR K.M., ADVOCATE)
AND:
AGED ABOUT 27 YEARS R/AT NIRANJAN CIRCLE LAXMIPURA, ARASIKERE HASSAN - 573 103
…RESPONDENTS
(BY SRI. YASHWANTH C.R., ADVOCATE FOR SRI. K.G. SADASHIVAIAH, ADVOCATE FOR R2 SMT. K.P. YASHODHA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.105/2020 AND ENTIRE PROCEEDINGS AGAINST THE PETITIONERS PENDING IN CC NO.50 OF 2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE AT HASSAN DISTRICT FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 498-A, 323, 504, 506, 114 OF IPC READ WITH SECTIONS 3 AND 4 OF DP ACT.
THIS CRIMINAL PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Petitioner Nos.1 to 3 and respondent No.2 are present before the Court and they are identified by their respective counsels.
initiated against the petitioners pending in CC No.50 of 2021 on the file of the learned senior Judge and JMFC at Arasikere, Hassan District, for the offences punishable under Sections 323, 504, 506, 498-A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.
JOINT AFFIDAVIT
"We, Sri. Manjunath G N, S/o Gopichand Seva Naik, aged about 34 years, R/o Rajanakolluru Thanda, Surapur Taluk, Yadgir-585291, Sri. Thara Singh Rathod S/o Late Seva Niaka, Aged about 45 years, DAR PC 83, Kalburgi, R/o Rajanakoluru Village, Surapur Taluk, Kalaburagi-585291, Sri. Parashuram Rathod S/o Ramachandra Rathod aged about 24 years, R/o Rajanakolluru Village, Surapur Taluk, Yadgir-585291 and Smt. Kavyashree W/o Manjunath G N aged about 30 years, R/at Niranjan Circle, Laxmipura, Arasikere, Hassan-573103 today at Bengaluru do hereby state on oath as follows:
1. We state that, we are appellants and respondent No.2 respectively in the above case. We know the facts and circumstances of the case. Hence we are swearing to this joint affidavit.
NC: 2024:KHC:39429 CRL.P No. 7737 of 2021
2. We state that, the averments made in the petition may kindly be read as part and parcel of this affidavit in order to avoid the repetition of facts.
3. We state that, we have filed the above criminal petition against the respondents to quash the entire Charge Sheet and entire proceedings in C.C. No.50/2021 pending on the file of the Senior Civil Judge and JMFC at Arasikere, Hassan District registered by the Arasikere Town Police in Crime No.105/2020 for the alleged offences under Section 323, 504, 506, 498-A, 114 of Indian Penal Code, Section 3, 4 of Dowry Prohibition Act 1961.
4. We state that, appellant No.1 & respondent No.2 are the husband and wife in relationship, while appellants No.2 & 3 are the relatives of appellant No. 1. We state that, out of the wedlock between appellant No.1 & respondent No.2 no child is born to the couples. We state that, as advised by our elders and well-wishers we are entering into compromise and amicable settlement to avoid differences and dispute between us herein to lead a peaceful life without misunderstanding and more particularly to have peace and tranquillity between us and our family members.
NC: 2024:KHC:39429 CRL.P No. 7737 of 2021
5. We state that, we declare that, we have resolved all our disputes and differences arose between us and in pursuance of the compromise and amicable settlement we herein withdraw the allegations.
6. We state that, we are entering into the joint affidavit with free will and consent without any force, threat or coercion or undue influence.
7. We state that, despite the appeal is pending before this Hon'ble Court, we have decided to compromise the case amicably as per the advice of elders and well-wishers and consequently this Hon'ble Court may be pleased to quash the entire Charge Sheet and entire proceedings in C.C. No.50/2021 pending on the file of the Senior Civil Judge and JMFC at Arasikere, Hassan District registered by the Arasikere Town Police in Crime No. 105/2020 for the alleged offences punishable under Section 323, 504, 506, 498-A, 114 of Indian Penal Code, Section 3, 4 of Dowry Prohibition Act 1961.
8. We state that, as per the compromise the appellant No.1 has agreed to pay full and final settlement of Rs.2 lakhs to the respondent No.2 as permanent alimony subject to withdrawal of the cases between each of the parties before the
NC: 2024:KHC:39429 CRL.P No. 7737 of 2021
concerned courts and the respondent No.2 has also agreed to receive the aforesaid amount.
9. We state that, respondent No.2 has undertaken not to claim any maintenance in future, alimony, movable and immovable properties from appellant No.1.
10. We state that, the respondent No.2 has agreed to withdraw the case pending before the II Additional Civil Judge and JMFC, Arasikere in Crl. Misc. No.599/2020 which is filed against appellant No.1 under Section 125 of Cr.P.C.
11. We further state that, the respondent No.2 and appellant No.1 have filed a petition under Section 13 (B) of Hindu Marriage Act before the Senior Civil Judge and Additional CJM at Arasikere in M.C. No.57/2024 which is pending for consideration and meanwhile both respondent No.2 and appellant No.1 have mutually consented for dissolution of marriage solemnized between then dated 18-11-2019 at Sri. Gurusiddarameshwara Choultry, Arasikere.
We state that, the averments made out in the Interim Application para No. 1 to 11 are true and correct to the best of our knowledge, information and belief.
WHEREFORE, We humbly request before this Hon'ble Court, that this Hon'ble Court may be pleased to allow the accompanying application as prayed for in the ends of justice."
JOINT MEMO
"The Petitioner No.1 and Respondent No.2 in the above case most respectfully submits as follows:
It is submitted that, today the Petitioner No.1 has paid Rs.2 lakhs as permanent alimony to the Respondent No.2 via RTGS transaction and same is acknowledged by the Respondent No.2 and the Reference Number for the transaction is 426715189395 dated 23.09.2024.
It is submitted that, the respondent No.2 has agreed to withdraw the case Pending before the II Additional Civil Judge and JMFC, Arasikere in Crl.Misc. No.599/2020 which is filed against Petitioner No.1 under Section 125 of Cr.P.C.
NC: 2024:KHC:39429 CRL.P No. 7737 of 2021
It is submitted that, the respondent No.2 and Petitioner No.1 have filed a petition under Section 13 (B) of Hindu Marriage Act before the Senior Civil Judge and Additional CJM at Arasikere in M.C. No.57/2024 which is pending for consideration and meanwhile both respondent No.2 and Petitioner No.1 have mutually consented for dissolution of marriage solemnized between them dated 18-11-2019 at Sri.Gurusiddarameshwara Choultry, Arasikere.
It is submitted that, the Petitioner No.1 has filed a petition against Respondent No.2 under Section 9 of the Hindu Marriage Act 1955 for Restitution of Conjugal Rights. However, the Petitioner No.1 undertakes to withdraw the above Petition on the file of the Senior Civil Judge & JMFC, Sharapur, Yadgir District in M.C. No.81/23"
Court filed under Section 13(1)(b) of Hindu Marriage Act, seeking divorce by mutual consent.
Respondent No.2 acknowledges the receipt of Rs.2,00,000/towards full and final settlement of her claim against the petitioners as mentioned in the joint memo.
ORDER
(i) The Criminal Petition is allowed.
(ii) The entire proceedings in Crime No.105 of 2020 of Arasikere Town Police Station registered in CC No.50 of 2021 on the file of the learned Senior Civil Judge and JMFC at Arasikere, Hassan District, for the offences punishable under Sections 323, 504, 506, 498-A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, is hereby quashed against the petitioners.
Sd/(M G UMA) JUDGE
*bgn/CT:VS List No.: 2 Sl No.: 9
1 issue framed by the court
Whether offences in CC No.50/2021 (IPC 323/504/506/498-A and DP Act 3 & 4) could be compounded and proceedings quashed on the parties' amicable settlement.
10 provisions across 4 enactments
Manjunatha G N
Thara Singh Rathod
Parashuram Rathod
State of Karnataka
Kavyashree
M G Uma
As recorded by the court registry
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