Karnataka High Court
Sharannabasava And Ors vs The State And Anr on 19 December, 2023
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2023:KHC-K:9320
CRL.P No. 201815 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL PETITION NO. 201815 OF 2023
BETWEEN:
1. SHARANNABASAVA
S/O BASAVARAJ,
AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURE.
2. SMT. SRIDEVI
W/O BASAVARAJ,
AGED ABOUT 52 YEARS,
OCCUPATION: AGRICULTURE.
3. BASAVARAJ HIREMATA
S/O RAJASHEKARAYYA HIREMAT,
AGED ABOUT 66 YEARS,
OCCUPATION: AGRICULTURE,
Digitally
signed by
ALL ARE R/O HOSPET, SHAHPUR TOWN,
KHAJAAMEEN
L MALAGHAN
TALUK: SHAHPUR, DISRICT: YADIRI.
Location: High ...PETITIONERS
Court Of
Karnataka
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE STATE THROUGH SHO WOMEN
POLICE STATION RAICHUR,
REPRESENTED THROUGH ADDITIONAL SCHEDULE
PUBLIC PROSECUTOR,
HIGH COURT OF KALABURAGI BENCH - 585 107.
2. SHASHIKALA
W/O SHARANABASAVA HIREMATHA,
-2-
NC: 2023:KHC-K:9320
CRL.P No. 201815 of 2023
AGED ABOUT 30 YEARS,
OCCUPATION: DOCTOR, R/O H.NO.3-5-48,
BEROON QUILLA RAICHUR.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R-1;
SRI. PEERAPPA SULTANPUR, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH ENTIRE CHARGE SHEET OF CRIMINAL PROCEEDINGS
INITIATED IN CRIME NO.10/2023 SUSEQUENTLY NUMBERED
AS CC NO. 1386/2023 FOR THE OFFENCES PUNISHABLE U/S
498(A), 323, 504, 506, R/W 34 OF IPC AND SEC. 3, 4 AND 6
OF THE DP ACT RAICHUR WOMEN PS. WHICH IS PENDING ON
THE FILE OF II ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT,
RAICHUR, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Sri. Peerappa Sultanpur files vakalath for respondent
No.2.
2. This petition filed by the petitioner/accused Nos.1 to 3
under Section 482 of Cr.P.C. for quashing criminal proceedings
in C.C.No.1386/2023 arising out of Crime No.10/2023
registered by Raichur women police station and charge sheeted
for the offence punishable under Section 498(A), 323, 504, 506
and 34 of IPC, pending on the file of II Additional Civil Judge
and JMFC Court, Raichur.
NC: 2023:KHC-K:9320
3. During the pendency of the petition, both the
petitioners and respondent No.2 appeared before the Court
through their counsel and filed joint compromise application
and submits that the petitioner No.1 and respondent No.2 are
joined together and they are leading happy marital life. They
also have filed joint memo before the Family Court for closing
the matter.
4. Submission of both the parties are placed on
record.
5. In view of joint compromise between the parties
and considering the fact that both the petitioner No.1 and
respondent No.2 joined together, leading marital life and in
view of the judgment of Hon'ble Supreme Court in the case of
Gian Singh vs. State of Punjab and Another reported in
2012 CRI.L.J.4934, the criminal proceedings required to be
quashed.
6. Accordingly, the criminal petition is allowed.
7. The proceedings against the petitioners in
C.C.No.1386/2023 arising out of Crime No.10/2023 registered
NC: 2023:KHC-K:9320
by Raichur women police station pending on the file of II
Additional Civil Judge and JMFC Court, Raichur, is hereby
quashed.
Sd/-
JUDGE
AKV
CT:SK
