Karnataka High Court
Nilofar D/O Abdul Lattif Sutar vs The State Of Karnataka And Anr on 22 February, 2023
Bench: V Srishananda
-1-
CRL..P.No.201568/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.201568 OF 2022
BETWEEN:
1. NILOFAR D/O ABDUL LATIF
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O H.NO.83, SAHARA NAGAR-1
HOTAGI ROAD, MAJAREWADI,
NEAR MULTANIA BAKERY,
SOLAPUR-413003, (MAHARASHTRA)
2. IBRAHIM MULLA
AGE: 65 YEARS, OCC: NIL,
R/O JULE SOLAPUR, 10-11
ASHIYANA NAGAR, INDIRANAGAR-2
(NV) SOLAPUR- 413004
...PETITIONERS
(BY SRI GOPALKRISHNA B. YADAV, ADVOCATE)
AND:
Digitally signed
by B NAGAVENI
1. THE STATE OF KARNATAKA
Location: High THROUGH POLICE PSI, KALABURAGI CITY
Court of WOMEN POLICE STATION,
Karnataka DIST. KALABURAGI-585103
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
2. SUMAYYA SULTANA W/O IMRAN SUTAR
AGE: 23 YEARS, OCC: HOUSEHOLD,
R/O MISBA NAGAR, KALABURAGI-585102
MOBILE NO.9448608971
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1;
SRI GANESH NAIK, ADVOCATE FOR R2)
-2-
CRL..P.No.201568/2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.17202/2022 (CRIME NO.28/2022) BY THE WOMEN POLICE
STATION FILED BY RESPONDENT NO.1 ON THE BASIS OF
COMPLAINT FILED BY RESPONDENT NO.2 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 R/W SECTION
34 OF IPC AND UNDER SECTIONS 3 AND 4 OF DOWRY PROHIBITION
ACT, PENDING BEFORE I-ADDL. CIVIL JUDGE (JR., DN.,) AND JMFC
AT GULBARGA.
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and learned
counsel for respondent No.2.
2. At the request of the parties, the matter was
referred to Lok-Adalath. Parties have presented a joint memo
before the Lok-Adalath. As per the joint memo, there is re-
union of the parties who were separated on account of some
differences in the matrimonial tie.
3. Since there is a true settlement and respondent
No.2 has joined the matrimonial home, continuation of the
criminal proceedings pending in C.C.No.17202/2022 is
unnecessary. Since the offences alleged against the petitioners
CRL..P.No.201568/2022
herein are non-compoundable in nature, in view of the
principles of law enunciated in 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) 834, pending proceedings in C.C.No.17202/2022
needs to be quashed in view of true settlement among the
parties.
4. Accordingly, the following order is passed:
ORDER
Accepting the joint memo filed before the Lok-Adalath,
the Criminal Petition is allowed. Pending criminal proceedings
in C.C.No.17202/2022 on the file of I-Additional Civil Judge
(Junior Division) and JMFC, Kalaburagi, is hereby quashed
insofar as the petitioners are concerned.
Sd/-
JUDGE
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