Diwakara Taniya Poojary @ Diwakar vs State Of Karnataka
2023 Latest Caselaw 4105 Kant

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                                                     NC: 2023:KHC:23335
                                                     CRL.P No. 2378 of 2022




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF JULY, 2023

                                           BEFORE
                         THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 2378 OF 2022
                  BETWEEN:

                  1.    DIWAKARA TANIYA POOJARY @ DIWAKAR
                        AGED ABOUT 49 YEARS
                        S/O TANIYA POOJARY
                        R/AT BEBI NIVASA
                        KUDKOLI HOUSE
                        BALAVINA GUDDE
                        NADUGODU VILLAGE, MULKY
                        MANGALURU TALUK - 574 150.

                  2.    SMT. BABY
                        W/O TANIYA POOJARY
                        AGED ABOUT 67 YEARS
                        R/AT BEBI NIVASA
                        KUDKOLI HOUSE
Digitally signed by     BALAVINA GUDDE
PADMAVATHI B K          NADUGODU VILLAGE, MULKY
Location: HIGH
COURT OF                MANGALURU TALUK - 574 150.
KARNATAKA
                  3.    SMT. SUNITHA
                        D/O TANIYA POOJARY
                        AGED ABOUT 42 YEARS
                        R/AT BEBI NIVASA
                        KUDKOLI HOUSE, BALAVINA GUDDE
                        NADUGODU VILLAGE, MULKY
                        MANGALURU TALUK - 574 150.
                                                             ...PETITIONERS
                  (BY SRI RANJAN KUMAR K., ADVOCATE)
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                                      NC: 2023:KHC:23335
                                       CRL.P No. 2378 of 2022




AND:

1.   STATE OF KARNATAKA
     BY MULKY P.S., MULKY
     MANGALURU CITY - 574 154.
     REP. BY THE STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA - 560 001.

2.   SMT. ANUSHA
     D/O MOHANA KUMARA
     AGED ABOUT 30 YEARS
     R/AT D.NO.2-169 (1)
     RAMANAGARA ANGARAGUDDE
     SRIMANTHURU VILLAGE
     KENCHANAKERE POST
     MANGALURU DISTRICT - 574 154.
                                               ...RESPONDENTS
(BY SMT. K.P.YASHODA, HCGP FOR R-1)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS AGAINST THE PETITIONER REGISTERED IN
C.C.NO.394/2020 IN CR.NO.95/2019 PENDING ON THE FILE OF
THE CIVIL JUDGE AND J.M.F.C, MOODBIDRI MANGALURU CITY
BY TIS ORDER DATED 16.03.2020 (CHARGE SHEETED FOR THE
OFFENCE P/U/S 498A,312,447,504,506 R/W 34 OF IPC).

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

                            ORDER

The petitioners are before this Court calling in question

proceedings in C.C.No.394/2020 pending before the Civil Judge

and JMFC, Moodbidri Mangaluru City, registered for the offences

NC: 2023:KHC:23335 CRL.P No. 2378 of 2022

punishable under Sections 498A, 312, 447, 504 and 506 of the

IPC.

2. Learned counsel appearing for the petitioners and

respondent No.2 in unison would submit that the parties to the

lis were before the family Court in M.C.No.160/2021, seeking

divorce by mutual consent. The concerned Court by its

judgment dated 15.11.2021, has dissolved the marriage of the

couple and the parties have parted ways with. The conditions

of the settlement includes the closure of the proceedings

impugned in the subject petition.

3. The relevant paragraphs of memorandum of joint

petition for divorce by mutual consent under Section 13B of the

Hindu Marriage Act, 1955, read as follows:

"vii) The Petitioner No.2 further agreed to withdraw the criminal case has filed against the (1)1st Petitioner Diwakar Taniya Poojary @ Diwakar, (2) Smt. Baby and (3) Mrs. Sunitha in Crime No.95/2019 of Mulki Police Station under section 498(A), 504,506 R/w 34 of Indian Penal Code pending before the CIVIL JUDGE AND J.M.F.C. Moodubidre. 2nd Petitioner shall unconditionally withdraw the said case or any other cases filed by her either in Court or before any other authorities.

viii) The 2nd Petitioner has also agreed to co-operate with the 1st Petitioner in seeking quashing of the criminal case filed by her in Crime No.95/2019 of Mulki Police

NC: 2023:KHC:23335 CRL.P No. 2378 of 2022

Station pending before the Hon'ble Moodabidre Court before the High Court of Karnataka in the Criminal Petition likely to be filed by the 1st Petitioner seeking for quashing of the proceedings."

In the light of the afore-extracted memorandum of joint

petition of the parties for having settled the dispute among

themselves, I deem it appropriate to obliterate the proceedings

initiated against the petitioner, as the allegations are ones

punishable under Sections 498A, 312, 447, 504 and 506 of the

IPC and not against the State.

4. For the aforestated reasons, the following:

ORDER

i. The Criminal Petition is disposed.

ii. The proceedings in C.C.No.394/2020 pending before the Civil Judge and JMFC, Moodbidri, Mangaluru, stand quashed.

I.A.No.1/2022 stands disposed, as a consequence.

Sd/-

JUDGE

NVJ