Karnataka High Court
Sri Lohit Kumar S/O Channabasappa ... vs State Of Karnataka on 21 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:14991
CRL.P No. 102348 of 2022
C/W CRL.P No. 100081 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102348 OF 2022
C/W
CRIMINAL PETITION NO.100081 OF 2022
IN CRL.P.NO.102348 OF 2022:
BETWEEN:
SRI. LOHIT KUMAR
S/O CHANNABASAPPA MARAGUR,
AGED ABOUT 34 YEARS, OCC. ENGINEER,
R/O. NO.D-303, CHARTED CORONET,
AREKERE MICO LAYOUT, BANNERGHATTA
ROAD, BENGALURU-560076.
... PETITIONER
(BY SRI. CHETAN DESAI &
SRI. K.S. PATIL, ADVOCATES)
AND:
Digitally signed
by
VIJAYALAKSHMI
VIJAYALAKSHMI M KANKUPPI
M KANKUPPI
Date:
1. STATE OF KARNATAKA,
2023.12.21
16:23:09 +0530
BY KOPPAL WOMEN POLICE STATION,
KOPPAL, DISTRICT AT KOPPAL,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
2. SMT. SHRUTHI CHAVADI
D/O SRI. PAMPANNA CHAVADI,
AGED ABOUT 30 YEARS, GUPTA APARTMENT,
NO.8-1, BHAGYANAGAR KOPPAL,
KOPPAL DISTRICT-583231.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. R.H. ANGADI, ADVOCATE FOR R2)
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NC: 2023:KHC-D:14991
CRL.P No. 102348 of 2022
C/W CRL.P No. 100081 of 2022
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE CHARGE-SHEET FILED BY THE 1ST
RESPONDENT POLICE IN C.C. NO.1014/2022, (CRIME NO.74/2021
KOPPAL WOMEN P.S.) FOR THE OFFENCES PUNISHABLE U/S 498(A),
504, 506, R/W 34 OF IPC AND 3, 4 AND 6(1) (B) (2) OF D.P. ACT
AND CONSEQUENT PROCEEDINGS, PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC COURT, KOPPAL DISTRICT,
KOPPAL AS AGAINST THE PETITIONER/ACCUSED NO.1 HEREIN, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.P. NO.100081 OF 2022:
BETWEEN:
1. SRI. LOHIT KUMAR
S/O CHANNABASAPPA MARAGUR,
AGED ABOUT 31 YEARS, OCC. ENGINEER.
2. SRI. CHANNABASAPPA MARAGUR
S/O. LATE VIRUPAKSHAPPA,
AGED ABOUT 66 YEARS, OCC. NIL.
3. SMT. NARMADA MARGOOR
W/O SRI. CHANNABASAPPA MARAGUR,
AGED ABOUT 54 YEARS, OCC. HUSEHOLD.
PETITIONER NOS.1 TO 3 ARE
R/AT. HOUSE NO.501-A,
AAHIKA APARTMENT,
RANKA COLONY, BILEKAHALLI,
BANNERGHATTA ROAD,
BENGALURU-560076.
... PETITIONERS
(BY SRI. DINESH KUMAR K. RAO,
POOJA KATTIMANI, CHANDRA NAIK T. &
SRI. K.S. PATIL, ADVOCATES)
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NC: 2023:KHC-D:14991
CRL.P No. 102348 of 2022
C/W CRL.P No. 100081 of 2022
AND:
1. STATE OF KARNATAKA,
BY KOPPAL WOMEN POLICE STATION,
KOPPAL, DISTRICT AT KOPPAL,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
2. SMT. SHRUTHI CHAVADI
W/O. SRI. LOHIT KUMAR,
AGED ABOUT 30 YEARS,
R/O. GUPTA APARTMENT,
NO.8-1, BHAGYANAGAR, KOPPAL,
KOPPAL DISTRICT-583231,
OCC. NOT KNOWN.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. R.H. ANGADI, ADVOCATE FOR R2)
*****
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.,
SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED IN
CRIME NO.0074/2021 OF KOPPAL WOMEN POLICE STATION, KOPPAL
AGAINST THE PETITIONERS (REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 498-A, 504, 506 R/W SECTION 34 OF IPC AND
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT PENDING ON THE
FILE OF PRINCIPAL CIVIL JUDGE (JR.DVN) AND JMFC COURT,
KOPPAL AT KOPPAL DISTRICT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14991
CRL.P No. 102348 of 2022
C/W CRL.P No. 100081 of 2022
ORDER
The Criminal Petition No.100081/2022 is filed by
accused Nos.1 to 3 praying to quash the FIR and
complaint registered in Crime No.74/2021 of Koppal
Women Police Station for offence punishable under Section
498-A, 504, 506 R/w Section 34 of Indian Penal Code and
Sections 3 and 4 of Dowry Prohibition Act, 1961. The
petitioners are arrayed as accused Nos.1 to 3 in the said
FIR.
2. The said crime is registered on first information
filed by respondent No.2. In the said crime, the Police
after investigation filed the charge sheet against accused
Nos.1 to 3 for offence punishable under Sections 498-A,
504, 506 r/w Section 34 of Indian Penal Code and Sections
3 and 4 of the Dowry Prohibition Act, 1961 and matter is
pending in C.C.No.1014/2022 on the file of the Principal
Civil Judge and JMFC, Koppal. In the charge sheet column
No.17 it is stated that there is stay order issued in
Criminal Petition No.100081/2022 by this Court staying
NC: 2023:KHC-D:14991
the investigation and after vacating the stay order
separate charge sheet will be filed against accused Nos.2
and 3.
3. The Criminal Petition No.102348/2022 has been
filed by the accused No.1 praying to quash the
proceedings in C.C.No.1014/2022 on the file of the
Principal Civil Judge and JMFC, Koppal.
4. Learned counsel for petitioners has filed a
memo dated 22.11.2023 which reads as under:
"The Advocate for the Petitioner submits as
under:
The above Petition is filed challenging initiation
of criminal proceedings in C.C.No.1014/2022 on the
file of Prl. Civil Judge, Jr. Division and JMFC, Koppal
for the offences punishable under Section 498-A, 504,
506 r/w Section 34 of IPC and Section 3, 4 and
6(1)(b) (2) of D.P. Act.
The parties have settled the matter finally
before the Division Bench, High Court of Karnataka,
Dharwad Bench in MFA No.102509/2022(FC) as per
order dated 15.09.2023. In terms of the Judgment,
the parties having filed joint memo unequivocally
have withdrawn all allegations unconditionally made
against each other and their family and also agreed to
withdraw C.C.No.1014/2022 on the file of Civil Judge
and JMFC, at Koppal.
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In view of the settlement between the parties,
the Criminal case does not survive for consideration,
as such, praying to pass appropriate Order thereby
allowing the Criminal Petition quashing the entire
proceedings in C.C.No.1014/2022 on the file of
Prl.Civil Judge, Jr. Division and JMFC, Koppal for the
offences punishable under Section 498-A, 504, 506
r/w Section 34 of IPC and Section 3, 4 and 6 (1)(b)
(2) of D.P. Act. Copy of the Judgment is enclosed
along with this memo.
Hence, this memo"
5. Along with said memo a copy of the Judgment
dated 15.09.2023 passed by this Court in MFA
No.102509/2022 is filed. In the said memo and the
judgment referred above, the parties have settled the
dispute and respondent No.2 has agreed to withdraw the
proceedings pending in C.C.No.1014/2022 and Crime
No.74/2021 of Koppal Women Police Station on the file of
the Principal Civil Judge and JMFC, Koppal.
6. Respondent No.2 is physically present before
the Court and she submits that the matter is settled, she
has no objections to quash the proceedings against the
petitioner in C.C.No.1014/2022 and Crime No.74/2021 of
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Koppal Women Police Station on the file of the Principal
Civil Judge and JMFC, Koppal.
7. In view of the above, proceedings against
petitioner in C.C.No.1014/2022 on the file of the Principal
Civil Judge and JMF.C, Koppal, complainant and FIR in
Crime No.74/2021 of Koppal Women Police Station are
quashed.
8. Accordingly, both petitions are disposed of.
Sd/-
JUDGE
DSP
