Karnataka High Court
Sri.H.Hanumanthappa vs The State Of Karnataka on 10 June, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 4517 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4517 OF 2022
BETWEEN:
SRI. H.HANUMANTHAPPA
S/O LATE M.HANUMANTHAPPA
AGED ABOUT 43 YEARS,
R/AT: #367, HALE KUNDAWADA VILLAGE,
DAVANAGERE TALUK,
DISTRICT - 577001
...PETITIONER
(BY SRI. KUMARA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY KTJ NAGAR POLICE STATION,
KTJ NAGAR,
DAVANAGERE - 577001
Digitally signed 2. SRI.N.ESWARIAH
by NAGAVENI S/O NAGAPPA
Location: HIGH AGED ABOUT 78 YEARS,
COURT OF
KARNATAKA RET P.S.I. BELLARY,
C/O KUNDHUWADA VILLAGE,
DAVANAGERE TALUK AND DISTRICT,
JAYANAGAR, BENGALURU - 560 041
...RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDL.SPP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
PROCEEDINGS AGAINST THE PETITIONER / ACCUSED NO.1 IN
C.C.NO.1043/2021 AND ORDERS OF COGNIZANCE TAKEN FOR THE
OFFENCE P/U/S 177, 420, 465, 468, 471 R/W 34 OF IPC AGAINST
THE PETITIONER ON 24.03.2021 ON THE FILE OF J.M.F.C.-II,
DAVANAGERE.
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CRL.P No. 4517 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
"i) Quash the proceedings against the petitioner /
accused No.1, in C.C.No.1043/2021 and orders of
cognizance taken for the offences punishable
under section 177, 420, 465, 468, 471 r/w 34 of
IPC against the petitioner on 24.03.2021 on the
files of J.M.F.C.II, Davanagere.
ii) Pass any other suitable order's as this Hon'ble
Court deems fit under the circumstances of the
case, in the interest of justice and equity."
2. The husband and the wife were before the Division
Bench in M.F.A.No.2399/2015 and have settled the dispute
before the division bench. The term of the settlement is
closure of the present proceedings. The order of the division
bench recording compromise reads as follows:
"3. The learned counsel for the parties jointly
submit that during pendency of the appeal, the parties
have amicably resolved the differences between
themselves. Learned counsel for the parties have also
invited attention of this Court to the application filed by
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the parties under Order XXIII Rule 3 of CPC. The terms
and conditions of the compromise entered into between
the parties are reads as under:
"3. The appellant and respondent submit that,
as a gesture to the compromise the
respondent has paid Sum of Rs.1,75,000/-
(Rupees One Lakh Seventy Five Thousand
Only) as permeant alimony to the appellant
as full and fina settlement by way
of3demand draft bearing No.910624 Drawn
on Union Bank, Mandipet DavagereBranch.
4. The appellant and respondent submit that,
in view of the settlement arrived between
the parties the respondent has agreed to
withdraw the following cases filed by the
respondent before the varies courts.
5. The Appellant has agree to withdraw the
allegations the case inC.C.No.1250/2018
for the offences punishable under section
498(A), 506,114 R/w 34 of IPC and 34 of
Dowry and Prohibition Act, the same is
pending on the files of before the IIrd
Additional Senior Civil Judge and JMFC
Davanagere and the appellant agreed to
compromise the same byb filing
compromise petition before the Hon'ble IIrd
Additional Senior Civil Judge and JMFC,
Davanagere.
6. The appellant and respondent further
submit that , the appellant is also agreed to
withdraw the case inC.C.No.5470/2021, for
the offences punishable under section 177,
420, 465,468, 471, 34 of IPC, pending on
the files of the IIIrd Additional Civil Judge
and JMFC. Davanagere, filed by the father
of the appellant by filing compromise
petition.
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7. The Appellant and respondent further
submit that, further the Appellant is also
agreed to withdraw the case
inCrl.Misc.No.244/2021, pending on the
files of Principal Judge Family Court at
Ballari filed by the appellant against
therespondent.
8. The appellant and respondent submit that,
they have no children born out of their
wedlock.
9. The appellant and respondent submit that,
the both the parties have no claims over
the movable and immovable properties
either existing or to be acquired in future.
Further they have no other claim of
whatsoever in any manner against each
other either past, present or future."
4. At this stage, learned counsel for the
appellant has acknowledged the receipt of a sum
of1,75,000/- by way of demand draft dated 29.10.2022.
5. In view of the compromise arrived at between
the parties, the judgment and decree dated28.2.2015
passed by the Family Court in M.CNo.119/2013 is
modified to the extent mentioned above and the
marriage between the parties is dissolved by a decree of
divorce and the appeal is disposed of in terms of the
compromise arrived at between the parties."
3. In the light of the division bench recording the
compromise and closing the proceedings, which also contains
the condition of closure of these proceedings, I deem it
appropriate to terminate the proceedings against this petitioner.
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4. For the aforesaid reasons, the following:
ORDER
i) The criminal petitions stands disposed.
ii) The proceedings in C.C.No.1043/2021
pending on the file of J.M.F.C., (II Court)
Davanagere, stand quashed.
Sd/-
JUDGE
KG
