Allowed

Sri Jithendra Kumar v. the State of Karnataka

Karnataka HC6 Feb 2024CRL.P/855/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings and a compoundable offence application, citing settlement and mutual divorce agreement, noting insufficient evidence for the Section 307 IPC charge.

What did the court decide?

IA No.2/2024 allowed; Criminal Petition allowed; proceedings in SC No.39/2021 and charge sheet quashed.

Sri Jithendra Kumar Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 855 OF 2024

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BETWEEN:

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SRI JITHENDRA KUMAR S/O KRISHNA RAO KALE, AGED ABOUT 36 YEARS PRESENTLY RESIDING AT NO 209, 2ND FLOOR, 6TH MAIN BIKASIPURA MAIN ROAD OPP TO INSIGHT ACADEMY SCHOOL ISRO LAYOUT BENGALURU - 560062 AS PER CHARGESHEET

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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RESIDING AT MIG NO 257, KHB COLONY 2ND STAGE KALLAHALLI VINOBANAGARA SHIMOGGA CITY SHIMOGGA - 577 201

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SMT KALPANA W/O KRISHNA RAO KALE AGED ABOUT 55 YEARS PRESENTLY RESIDING AT NO 98, GOWRI NILAYA, 4TH CROSS 3RD STAGE, POLICE CHOWKI VINOBANAGAR SHIMOGGA - 577 204

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AS PER CHARGESHEET

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2 - NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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RESIDING AT MIG NO 257 KHB COLONY 2ND STAGE KALLAHALLI VINOBANAGARA SHIMOGGA CITY SHIMOGGA - 577201

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SMT VASUNDHARA RAJYLAKSHMI D/O KRISHNA RAO KALE AGED ABOUT 25 YEARS PRESENTLY RESIDING AT NEELAMBIKA NILAYA 1ST STAGE 5TH CROSS NEAR ANJANEYA SWAMY TEMPLE VINOBANAGARA SHIMOGGA - 577 204 AS PER CHARGESHEET RESIDING AT MIG NO 257 KHB COLONY 2ND STAGE KALLAHALLI VINOBANAGARA SHIMOGGA CITY SHIMOGGA - 577201

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NIRANJAN KUMAR S/O KRISHNA RAO KALE AGED ABOUT 35 YEARS PRESENTLY RESIDING AT NO 209, 2ND FLOOR, 6TH MAIN, BIKASIPURA MAIN ROAD OPP TO INSIGHT ACADEMY SCHOOL ISRO LAYOUT BENGALURU - 560062 AS PER CHARGESHEET RESIDING AT MIG NO 257 KHB COLONY 2ND STAGE KALLAHALLI VINOBANAGARA

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3 - NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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SHIMOGGA CITY SHIMOGGA - 577201

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…PETITIONERS

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(BY SRI SUDHINDRA B S, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA VINOBANAGARA POLICE STATION SHIMOGGA REPRESENTED BY THE STATE PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001

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SMT SHWETHA P W/O JITHENDRA KUMAR D/O PRAKASH P AGED ABOUT 34 YEARS RESIDING AT NO 3-3, 1, YALAVATA UDRI SORABA TALUK, SHIMOGGA DISTRICT - 577433

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…RESPONDENTS

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(BY SRI VENKATA SATHYANARAYANA, HCGP FOR R1 AND B.N.MANJUNATHA SWAMY, ADVOCATE FOR R2)

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CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS IN S.C.NO.39/2021 (CR.NO.126/2020) ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT SHIMOGGA AND THE CHARGE SHEET AND CRIMINAL PROCEEDINGS FILED AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/S 498A, 323, 504, 506, 354, 307 R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961, ETC.,

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

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NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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ORDER

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Learned High Court Government Pleader take notice for respondent No.1 - State.

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Learned counsel Sri B.H. Manjunatha Swamy, appears for respondent No.2.

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This petition is filed by the petitioners - accused Nos. 1 to 4 under Section 482 of Cr.P.C. to quash the proceedings in SC No.39/* 2021 pending on the file of I Addl. District and Sessions Judge, Shivamogga, arising out of Cr. No.126/2020 of Vinobanagara Police Station, Shivamogga and charge sheeted for the offences punishable under Sections 498A, 323, 504, 506, 354, 307 r/w Section 34 of IPC against the petitioners.

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Heard the learned counsel for petitioners and learned HCGP for respondent - State and learned counsel for respondent No.2.

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During the pendency of the petition Petitioner No.1 and respondent No.2 have filed an application - IA No.2/2024, under Section 320(2) read with Section 482 of Cr.P.C. along with joint affidavit to compound the offence.

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* Corrected vide Court order dated 26/02/2024.

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NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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It is submitted that both Petitioner No.1 and

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respondent No.2 have filed joint divorce petition and it was mutually agreed to go for divorce and respondent No.2 by receiving Rs.10 lakhs from Petitioner No.1 towards permanent alimony.

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Submission of the learned counsel for petitioner and respondent No.2 are placed on record.

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In view of the judgment of the Hon'ble Supreme Court in the case of GIAN SINGH vs STATE OF PUNJAB reported in (2012) 10 SCC 303, it is held that when the parties have settlement their disputes, the Court can quash the proceedings pending between the parties. However, by looking into the evidence on record there is no offence made out for the offences punishable under Sections 307 of IPC. Therefore, this Court can pass the order permitting the parties to compoundthe offence.

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Considering the same, IA No.2/2024, is allowed. Consequently, the Criminal Petition is also allowed and the proceedings in SC No.39/* 2021 pending on the file of I Addl. District and Sessions Judge, Shivamogga, arising out of Cr. No.126/2020 of Vinobanagara Police Station, Shivamogga and

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* Corrected vide Court order dated 26/02/2024.

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NC: 2024:KHC:5136 CRL.P No. 855 of 2024

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charge sheeted for the offences punishable under Sections 498A, 323, 504, 506, 354, 307 r/w Section 34 of IPC against the petitioners, is quashed.

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Sd/JUDGE

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List No.: 1 Sl No.: 34

Sri Jithendra Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Jithendra Kumar v. the State of Karnataka

Case brief

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