Shasappa S/O Hanamant Paragond ... vs The State Of Karnataka And Anr
2022 Latest Caselaw 2183 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

        DATED THIS THE 10TH FEBRUARY, 2022

                     BEFORE

     THE HON'BLE MR. JUSTICE V. SRISHANANDA

      CRIMINAL PETITION NO.200647/2021


BETWEEN:

1.   SRI.SHASAPPA S/O HANAMANT PARAGOND
     AGED ABOUT 31 YEARS,
     OCC. TEACHER,

2.   SMT.IRAVVA W/O HANAMANT PARAGOND
     AGED ABOUT 70 YEARS,
     OCC. HOUSEHOLD WORK,

3.   SRI.KALLAPPA S/O HANAMANT PARAGOND
     AGED ABOUT 47 YEARS,
     OCC. AGRICULTURE,

4.   SRI.SHRISHAIL S/O HANAMANT PARAGOND
     AGED ABOUT 37 YEARS,
     OCC. AGRICULTURE,

5.   SRI.MALLAPPA S/O SANGAPPA PARAGOND
     AGED ABOUT 37 YEARS,
     OCC. AGRICULTURE,

     ALL ARE R/O. DHAVALESHWAR,
     TQ. BILAGI, DIST. BAGALKOT.

                                    ...PETITIONERS

(BY SRI.S.S. MAMADAPUR, ADVOCATE)
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AND

1.    THE STATE OF KARNATAKA
      THROUGH TIKOTA PS,
      REP. BY ITS
      STATE PUBLIC PROSECUTOR,
      ADVOCATE GENERALS OFFICE,
      HIGH COURT BUILDING,
      KALABURAGI-585103.

2.    JAYASHREE W/O SHASAPPA PARAGOND
      AGED ABOUT 34 YEARS,
      OCC. TEACHER, GOVT. HPS, BABANAGAR,
      R/O. SOMADEVAR HATTI, TQ. TIKOTA,
      DIST. VIJAYAPURA-586130.
                                     ....RESPONDENTS

(BY SRI.SHARANABASAPPA M.PATIL, HCGP FOR R1
 SRI.SANJEEVKUMAR C.PATIL, ADV. FOR R2 )


        THIS CRL.P FILED U/S.482 OF CR.P.C., PRAYING
TO QUASH THE ORDER OF TAKING COGNIZANCE,
ISSUING PROCESS THE PETITIONERS DATED 03.01.2020
AND THE PROCEEDINGS IN C.C.NO.51/2020 FOR THE
OFFENCE P/U/SEC.498A, 504, 56 R/W SEC.34 OF IPC
PENDING ON THE FILE OF THE JMFC-IV, VIJAYAPUR.

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

                        ORDER

1. The present petition is filed under Section 482

of Cr.PC., with the following prayer:

"Wherefore, the petitioners most humbly pray that the Hon'ble Court may kindly be pleased to quash the order of taking cognizance, issuing process against the petitioners dated 03.01.2020 and the proceedings in CC No.51/2020 for the offence punishable under Section 498[A], 504 and 506 read with Section 34 of IPC pending on the file of the Hon'ble JMFC-IV, Vijaypur, in the interest of justice and equity."

2. It is submitted by the learned counsel

appearing for the parties, that the parties have amicably

settled the dispute between them and an affidavit is filed

in that regard. The matter before the family court is also

amicably settled in respect of the order passed in MC

No.255/2021 and compromise petition is filed before this

court.

3. Heard the learned counsel appearing for the

parties and perused the compromise petition filed and the

same is satisfied, and it is placed on record.

4. Following the Judgment of the Hon'ble Apex

Court in the case of Ramgopal and another Vs. State of

Madhya Pradesh reported in (2021) SCC Online SC

834, more particularly, the guidelines issued by the

Hon'ble Apex Court in the said case, in paragraph No.20,

this court is of the considered opinion that it is a fit case

where powers vested in this court under Section 482

Cr.PC., dehors Section 320 Cr.PC., for discontinuing or to

terminate the further proceedings in CC No.51/2020 on the

file of the JMFC Court, Vijayapura. Accordingly, pass the

following:

ORDER

The Criminal Petition is allowed.

Further proceedings in CC No.51/2020 on the file of

the JMFC Court, Vijayapura is discontinued.

In view of the disposal of the main petition, pending

IA No.1/2021 also stands disposed of.

Sd/-

JUDGE

PL*