Dhananjaya Vs State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.P.C., PRAYING TO QUASH THE FIR DATED 29.03.2024 REGISTERED BY THE ARAKALAGUD POLICE STATION / RESPONDENT NO.1 IN CR.NO.0063/2024 PENDING ON THE FILE BEFORE THE

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HC-KAR

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PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, ARAKALAGUD, HASSAN DISTRICT AGAINST THE PETITIONERS VIDE ANNEXURE-A, FOR THE OFFENCES P/U/S 376, 417, 504, 506 R/W SEC. 34 OF IPC.

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IN CRL.P NO. 6660/2024

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BETWEEN:

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XXXXXX XXXXXX XXXXXX XXXXXX

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...PETITIONER

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(BY SRI PRATHEEP K.C., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ARAKALAGUD POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 3 560 001.

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DHANANJAYA @ DEEPU S/O PAPANNA AGED ABOUT 30 YEARS R/AT FRIENDS FITNESS GYM

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TOWN MAIN ROAD

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ARKALGUD, HASSAN DISTRICT 3 573 102.

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...RESPONDENTS

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(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI ANIL KUMAR R., ADVOCATE FOR R-2)

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HC-KAR

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.101/2024 REGISTERED BY THE ARKALGUD POLICE STATION FOR THE OFFENCE P/U/S/ 504, 323, 342, 447, 448, 379, 506, 34, 406 OF IPC ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC ARKALGUD IN SO FAR AS PETITIONER IS CONCERNED.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners 3 accused Nos.1 to 4 are before this Court calling in question registration of a crime in Crime No.63/2024, for offences under Sections 376, 417, 420, 504, 506 r/w. 34 of the IPC, in Crl.P.No.3696/2024 and petitioner 3 accused No.1 is before this Court calling in question registration of a crime in Crime No.101/2024, for the offences under Sections 504, 323, 342, 447, 448, 379, 506, 34, 406 of the IPC in Crl.P.No.6660/2024.

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Two complaints spring out of consensual relationship

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between the complainant and petitioner No.1 in

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HC-KAR

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Crl.P.No.3696/2024. The allegation is that petitioner No.1 has

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had physical relationship with the complainant on promise of marriage. It transpires that the petitioner has married the complainant on 22.01.2025.

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Learned counsel for the petitioners 3 accused and respondent No.2 3 complainants in both the petitions, in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions. The complainant and petitioner No.1 in Crl.P.No.3696/2024 have got married on 22.01.2025. Applications under Sections 320 r/w. 482 of the Cr.P.C., along with joint affidavits in both the petitions, seeking permission to compound the offences is filed before this Court to that effect.

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The joint affidavit filed in Crl.P.No.3696/2024 reads as follows:

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<3. We state that, the respondent No.2 in the above petition has filed a complaint in Cr. No.63/024 for the offence punishable U/S 376, 417, 420, 504, 506, 34 of IPC.

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4. We state that, during the pendency of the petition with the advice of both the families we have been married on 22/01/2025 at Shree Rama temple,

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HC-KAR

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Mallipattana, Arakalgudu Taluk, Hassan district. Since the date of marriage we have been living together as husband and wife and looking after our two children by name Dhananjay R gowda and Druvanth R gowda who are aged about 10 & 5 years respectively.

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5. We state that, we have been in a relationship for more than 10 years, we also indulged in physical relationship. On the account of physical relationship two children as mentioned supra are also born.

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6. We state that, we have been married on the account of our own volition and there is no threat or coercion, further in view of the above we do not want to precipitate the above complaint and decided to put an end to all the litigation including criminal prosecutions pending between us.

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The joint affidavit filed in Crl.P.No.6660/2024 reads as

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follows:

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<3. We state that, the respondent No.2 in the above petition has filed a complaint in Cr. No.101/2024 for the offence punishable U/S 504, 323, 342, 447, 448, 379, 506, 406, 34 of IPC.

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4. We state that, during the pendency of the petition with the advice of both the families we have been married on 22/01/2025 at Shree Rama temple, Mallipattana, Arakalgodu Taluk, Hassan district. Since the date of marriage we have been living together as husband and wife and looking after our two children by name Dhananjay R gowda and Druvanth R gowda who are aged about 10 & 5 years respectively.

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5. We state that, we have been in a relationship for more than 10 years, we also indulged in physical relationship. In view of physical relationship two children as mentioned supra are also born.

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HC-KAR

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6. We state that, we have been married on the account of our own volition and there is no threat or coercion, further in view of the above we do not want to precipitate the above complaint and decided to put an end to all the litigation including criminal prosecutions pending between us.=

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Though the offence alleged against the petitioners in the

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case at hand inter alia is one punishable under Sections 504 and 506 of the IPC, which are non-cognizable, since the complainant and petitioner No.1 have got married and as the allegations are not against the State, I deem it appropriate to accept the applications filed under Section 320 of the Cr.P.C. along with the affidavits of the parties in both the petitions, and terminate the proceedings against the petitioners.

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