Karnataka High Court
Bheemarao And Ors vs The State Of Karnataka And Anr on 18 December, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:9263
CRL.P No. 201544 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201544 OF 2023 (482)
BETWEEN:
1. BHEEMARAO
S/O CHANDRASHEKHAR
AGE: 40 YEARS OCC: ENGINEER,
BENGALURU
NOW R/O: IBRAMPUR NOW AT
JIYAGUDDA
YDERABAD-500006.
(ANDHRA PRADESH STATE)
2. CHANDRASHEKHAR
S/O BHEEMARAO
AGE: 72 YEARS OCC: RETIRED PERSON,
Digitally R/O: IBRAMPUR
signed by B NOW AT JIYAGUDDA HYDERABAD-500006.
NAGAVENI (ANDHRA PRADESH STATE)
Location:
High Court
Of 3. CHANDRAMMA @ CHANDRAKALA
Karnataka W/O CHANDRASHEKHAR
AGE: 55 YEARS OCC: NIL,
R/O: IBRAMPUR NOW
AT JIYAGUDDA HYDERABAD-500006.
(ANDHRA PRADESH STATE)
4. SUNITA D/O CHANDRASHEKHAR
AGE: 37 YEARS OCC: HOUSE WIFE,
R/O: IBRAMPUR
NOW AT DURGA NAGAR,
JIYAGUDDA HYDERABAD-500006
(ANDHRA PRADESH STATE)
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NC: 2023:KHC-K:9263
CRL.P No. 201544 of 2023
5. SANGEETA
W/O MALLESH
AGE: 44 YEARS OCC: HOUSE WIFE,
R/O: DURGA NAGAR, JIYAGUDDA,
HYDERABAD-500006.
(ANDHRA PRADESH STATE)
6. ANITA
W/O RAVI SIRSE,
AGE: 39 YEARS OCC: TEACHER
R/O: HOUSING BOARD COLONY,
BIDAR-585402.
7. MALLESH
S/O CHANNABASAPPA SADIGE
AGE: 50 YEARS OCC: RETIRED PERSON,
R/O: IBRAHMPUR
NOW AT JIYAGUDDA HYDERABAD-500006.
(ANDHARA PRADESH STATE)
...PETITIONERS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA
KALABURAGI BENCH KALABURAGI-585107.
(THROUGH WOMEN POLICE STATION BIDAR AT
BIDAR)
2. AMBIKA
W/O BHEEMRAO @ RAJU BIRADAR
AGE: 30 YEARS OCC: HOUSEHOLD WORK
R/O: IBRAMPUR (T.S)
NOW AT PRATAP NAGAR, NAUBAD BIDAR-585402.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. RAVI B. PATIL, ADVOCATE FOR R2)
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NC: 2023:KHC-K:9263
CRL.P No. 201544 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS
PENDING IN C.C.NO.1651/2021 (CRIME NO.11/2020)
REGISTERED BY THE WOMEN POLICE STATION BIDAR FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323 AND
504 READ WITH SECTION 34 OF IPC AND UNDER SECTIONS 3
AND 4 OF THE DOWRY PROHIBITION ACT 1961, ON THE FILE
OF THE COURT OF THE I ADDITIONAL CIVIL JUDGE AND JMFC-
II BIDAR AT BIDAR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners - accused
Nos.1 to 7 under Section 482 of Cr.P.C. for quashing the
criminal proceedings in C.C.No.1651/2021 arising out of
Crime No.11/2020, registered by the Women Police
Station, Bidar and charge-sheeted for the offences
punishable under Sections 498(A), 323 and 504 read with
Section 34 of IPC and under Sections 3 and 4 of the Dowry
Prohibition Act, 1961.
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02. During the pendency of this petition, both the
petitioners and the respondent No.2 appeared through
their respective learned counsel and filed Joint
Compromise Application seeking permission of this Court
for compounding the offences.
03. The learned counsel for the petitioners submits
that both the petitioners and the respondent No.2 filed the
joint divorce petition under Section 13 (B) of the Hindu
Marriage Act, before the Family Court and the same is
pending for consideration. As per terms of the
compromise, the petitioner No.1 paying Rs.8,00,000/- as
permanent alimony to the respondent No.2 as full and final
settlement. The D.D. also furnished by the learned counsel
for the petitioners. The same is also received by the
respondent No.2 and acknowledged the same.
04. In view of the judgment of the Hon'ble Supreme
Court Gian Singh v. State of Punjab and another,
reported in (2012) 5 Kar. L. J. 476 (SC), when the
parties are settled their dispute before the Family Court,
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the criminal proceedings can be closed or quashed. Hence,
the parties are permitted to compound the offences.
Accordingly, I.A.No.2/2023 is allowed.
05. Consequently, the petition filed by the
petitioners is hereby allowed.
06. The criminal proceedings against the petitioners
- accused Nos.1 to 7 in C.C.No.1651/2021 arising out of
Crime No.11/2020, registered by the Women Police
Station, Bidar, is hereby quashed.
Sd/-
JUDGE
KJJ
CT:SI
