Shivamma Vs the State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5342/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 504, 323, 354, 34 OF IPC PENDING ON THE FILE ADDL. CIVIL JUDGE AND JMFC., HASSAN.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek for the following reliefs:

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"to quash the entire proceedings in C.C.No.5342/2015 for the offence punishable under Section 506, 504, 323, 354 read with 34 of IPC pending on the file of Addl. Civil Judge and JMFC, Hassan, in the interest of justice."

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Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent and perused the material on record.

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A perusal of the material on record will indicate that the petitioners have been arrayed as accused Nos.1 to 3 and Sri Manjunatha has been arrayed as accused No.4 in Crl.P.No.8632/2023 which was allowed by this Court quashing the proceedings vide order dated 24.01.2025,

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“In this petition, petitioner seeks for the following

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reliefs:

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"Wherefore the petitioner in the above petition most humbly prays that this Hon'ble Court may be pleased to quash the entire proceedings in C.C.No.5342/2015 for the offence punishable under Section 506, 504, 323, 354, 34 of IPC pending on the file I Addl. Civil Judge (Jr. Div.) and J.M.F.C., Hassan in so far as petitioner is concerned in the interest of justice and equity."

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2. Heard learned counsel for the petitioner, learned Addl.SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

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3. A perusal of the material on record will indicate that on 14.04.2015, Smt. Shivamma, the

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mother of petitioner - accused No.4 filed a complaint against respondent No.2 herein and others, which was registered as an FIR in Crime No.99/2015 for the offences punishable under Section 427, 341, 506, 504, 323, 114 r/w Section 34 of IPC. Subsequently, respondent No.2 filed a complaint against the petitioner - accused No.4 and others on 16.04.2015, which was registered as an FIR in Crime No.103/2015 for the offences punishable under Section 506, 504, 323, 354 r/w Section 34 of IPC. Respondent No.1 having filed charge sheets in both the proceedings, the same are pending before the Trial Court in C.C.No.5342/2015 (Crime No.103/2015) and C.C.No.6035/2015 (Crime No.99/2015). Aggrieved by the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 filed by respondent No.2, the petitioner is before this Court by way of the present petition.

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4. Learned counsel for the petitioner as well as 2^nd respondent jointly submit that both the case and counter case filed by the parties against each other may be quashed. In this context, it is submitted that apart from quashing the impugned proceedings pending against the petitioner - accused No.4 and other accused persons in C.C.No.5342/2015, the proceedings in C.C.No.6035/2015 filed by the petitioner against 2^nd respondent and other accused

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persons which is the subject matter of Crl.P.No.958/2025 may also be quashed. The said joint submission made by the learned counsel for the petitioner and 2^nd respondent is placed on record.

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5. In view of the aforesaid facts and circumstances and joint submission made by both sides, I am of the view that the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 deserve to be quashed.

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6. In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1^st respondent - Police pending on the file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed.

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(iii) The submission made by the learned counsel for the petitioner and learned counsel for 2^nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015

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allowed and the said proceedings quashed is placed on record.”

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So also the petitioners herein having filed a compliant as against respondent No.2 - complainant and her family members, the same was also quashed by this Court in Crl.P.No.958/2025 vide Court order dated 05.02.2025.

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“In this petition, petitioners have sought for the following reliefs:-

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a) Quash the entire criminal proceedings in Crime No.0099/2015 for the offence punishable under Section 341, 504, 354, 323, 506 R/w 34 of IPC against the petitioners registered by Hassan Rural Police, Hassan and the same is pending before the Addl. Civil Judge and JMFC at Hassan in now C.C.No.6035/2015, in the interest of justice and equity.

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b) Grant such other relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity."

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2. Heard learned counsel for the petitioners as well as learned Addl.SPP for 1^st respondent and learned counsel for 2^nd respondent and perused the material on record.

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3. A perusal of the material on record will indicate that apart from the impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 instituted by the 2^nd respondent against the petitioner and others, proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 were challenged by the 2^nd respondent in Crl.P.No.8632/2023 which was allowed and disposed of with the consent of both sides by this Court vide order dated 24.01.2025, as hereunder:-

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“6. In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1^st respondent - Police pending on the file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed.

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(iii) The submission made by the learned counsel for the petitioner and learned counsel for 2^nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015 allowed and the said proceedings quashed is placed on record.

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4. In view of the aforesaid facts and circumstances and the aforesaid order passed in

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Crl.P.No.8632/2015, the present petition deserves to be allowed and the impugned proceedings deserve to be quashed.

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5. In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 registered by the 1^st respondent - Police pending on the file of Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including the petitioners - accused Nos. 1 to 4 are hereby quashed.

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Under these circumstances, in view of quashment of

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the proceedings as against accused No.4 as well as respondent No.2 and her family members, by applying doctrine of parity, proceedings against the petitioners - accused Nos.1 to 3 also deserve to be quashed.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed.

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(ii) The proceedings in C.C.No.5342/2015 on the file of I Addl. Civil Judge and JMFC, Hassan for the offences punishable under Sections 506, 504, 323, 354 r/w. 34 of IPC qua the petitioners are hereby quashed.

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Sd/- (S.R.KRISHNA KUMAR) JUDGE

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SA/MDS List No.: 1 Sl No.: 19

Shivamma v. the State of Karnataka

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Shivamma v. the State of Karnataka

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