Disposed¶46

Smt Mamatha S v. State of Karnataka

Karnataka HC21 Jan 2025CRL.P/14482/2024

Case brief

AI extract

What is this about?

Quash of criminal proceedings on compromise; matrimonial/husband-wife dispute settled through elders; C.C.No.5673/2023 (Crime No.123/2023), III Addl. Civil Judge and JMFC Tumkuru; Thilak Park Police Station; IPC Sections 341, 323, 324, 504, 506 r/w 34; S.482 Cr.PC / S.528 BNSS; compromise petition taken on record, parties physically present; proceedings quashed, petition disposed; High Court of Karnataka, Justice S.R. Krishna Kumar, 21-01-2025.

What did the court decide?

Quashing of the entire proceedings in C.C.No.5673/2023 (Crime No.123/2023) pending on the file of III Addl. Civil Judge and JMFC, Tumkuru, in terms of the joint memo/compromise petition. ¶46

Smt Mamatha S Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:2399 CRL.P No. 14482 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14482 OF 2024

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BETWEEN:

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SMT MAMATHA S W/O. YOGESH D/O SUDAR. S AGED ABOUT 26 YEARS, NOW PRESENT R/AT NO. 91, 2^ND CROSS SIDDALINGESHWARA LAYOUT MYSORE, MYSORE DIST - 570008

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SMT. SHIJI W/O SUNDAR.S AGED ABOUT 49 YEARS NOW PRESENT R/AT NO. 383, BEHIND GOVT SCHOOL GANDHIPURAM, WHITEFILED BENGALURU NORTH, BENGALURU - 560066.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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KRISHNA S/O SUNDAR.S AGED ABOUT 23 YEARS NOW PRESENT R/AT 3^RD MAIN 1^ST CROSS CARMEL SCHOOL, CHOWDESHWARI NA BATAVADI, TUMKURU TUMKURU DIST - 672103.

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…PETITIONERS

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(BY SRI. SHEKARAPPA.,ADVOCATE)

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NC: 2025:KHC:2399 CRL.P No. 14482 of 2024

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AND:

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STATE OF KARNATAKA BY THILAK PARK POLICE STATION TUMKURU, NOW REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT COMPLEX BANGALORE-560001.

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SRI. YOGESH.L S/O LAKSHMANA AGED ABOUT 24 YEARS R/AT LAKKENAHALLI VILLAGE HEBBURU HOBLI, TUMKURU TALUK TUMKURU DIST - 572118

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NOW PRESENT R/AT NO. 389, BEHIND C.M.C OFFICE, BOMMANAHALLI BENGALURU- 560068

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…RESPONDENTS

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(BY SMT.RASHMI JADHAV., ADDL. SPP FOR R1; SRI. H. MUNISWAMY GOWDA, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.5673/2023 (CR.NO.123/2023) ON THE FILE OF HONBLE III ADDL. CIVIL JUDGE AND JMFC AT TUMKURU, FOR THE OFFENCE P/U/S 341, 323, 324, 504, 506 R/W 34 OF IPC, REGISTERED AGAINST THE PETITIONERS IN THE ABOVE PETITION.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:2399 CRL.P No. 14482 of 2024

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners have sought for the following

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relief:-

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" quash the entire proceedings in C.C.No.5673/2023 (Crime No.123/2023) on the file of Hon'ble III Addl. Civil Judge and JMFC at Tumkuru, for the offences punishable under Sections 341, 323, 324, 504, 506 r/w. 34 of IPC registered against the petitioners, in the above petition, in the interest of justice."

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Learned counsel for the petitioners-accused Nos. 1 to 3 and learned counsel for 2^nd respondent have filed a compromise petition duly signed by the petitioners, 2^nd respondent and their respective counsels and the same is taken on record.

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Petitioners-accused Nos.1 to 3 and respondent No.2 are

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physically present before the Court and they admit the contents of the compromise petition, which reads as under:-

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The parties above named submit as follows; -

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1. The above petition is filed for quashing of proceedings in C.C.No.5673/2023 (Crime. No. 123/2023), on the file of Hon'ble III Addl. Civil Judge and JMFC at Tumkuru, for the offences punishable under section 341, 323, 324, 504, 506 R/w 34 of I.P.C.

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NC: 2025:KHC:2399 CRL.P No. 14482 of 2024

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2. Whereas the complainant / respondent No.2 herein has given a complaint on 01.09.2023 against the accused / petitioners herein and based on the said complaint the 1st respondent police has registered in Crime. No. 123/2023, on the file of Hon'ble 3rd Addl. Civil Judge and JMFC at Tumkuru, for the offences punishable under section 341,323,324,504, 506 R/w 34 of I.P.C.

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3. Based on the alleged complaint and charge sheet is filed on 25.11.2023, the respondent police have registered a case under C.C.No.5673/2023, for the offence punishable under section 341,323,324,504, 506 R/w 34 of I.P.C, Now pending before the 3rd Addl. Civil Judge and JMFC at Tumkuru, against the petitioners.

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4. It is submitted that the petitioner No.1 and respondent No.2 are the husband and wife and the intervention of elders and well-wishers, the Victim/ respondent No.2 and petitioners / accused have resolved their small disputes between them and the respondent No.2 and petitioners.

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5. In view of compromise, the respondent No.2 has no objection for quashing in proceedings in C.C.No.5673/2023 (Crime .No.123/2023), on the file of Hon'ble III Addl. Civil Judge and JMFC at Tumkuru, for the offences punishable under section 341, 323, 324, 504, 506 R/w 34 of I.P.C.

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6. The contents are read, explained and they have understood the same. After understanding the same, the parties are entering into this compromise petition. There is absolutely no force, coercion, undue influence or duress from any quarter whatsoever.

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WHEREFORE, the parties hereto respectfully pray that this Hon'ble Court be pleased to quash the criminal

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NC: 2025:KHC:2399 CRL.P No. 14482 of 2024

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proceedings in C.C.No.5673/2023 (Crime. No. 123/2023), on the file of Hon'ble III Addl. Civil Judge and JMFC at Tumkuru, for the offences punishable under section 341, 323, 324, 504, 506 R/w 34 of I.P.C. as per the terms and conditions of the Joint Memo/Compromise entered into between the parties, in the above case, in the interest of justice."

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In view of the aforesaid compromise entered into between the petitioners and 2^nd respondent, the impugned proceedings in C.C.No.5673/2023 (Crime No.123/2023) pending on the file of III Addl. Civil Judge and JMFC, Tumkuru, are hereby quashed.

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Petition stands disposed of accordingly in terms of the said compromise petition.

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SD/(S.R.KRISHNA KUMAR) JUDGE

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SA ct:sr

Smt Mamatha S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Mamatha S v. State of Karnataka

Case brief

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