Karnataka High Court
Muruteppa S/O Ramappa Doddamani vs Smt.Laxmibai @ Laxmi W/O Moorteppa ... on 5 March, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC-D:4884
CRL.P No. 100063 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100063 OF 2019
BETWEEN:
MURUTEPPA S/O RAMAPPA DODDAMANI,
AGE: 38 YEARS, OCC: FIREMAN, R/O: MUTTALDINNI,
TQ: BILAGI, DIST: BAGALKOT, NOW AT MUDHOL,
FIRE DEPARTMENT, MUDHOL, TQ. MUDHOL, DIST.BAGALKOT.
... PETITIONER
(BY SRI. PAVAN B. DODDATTI, ADVOCATE)
AND:
1. SMT. LAXMIBAI @ LAXMI W/O MOORTEPPA DODDAMANI,
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O: BILAGI, DIST: BAGALKOT, NOW AT C/O. H.N.
KARETIMMANNAVAR, HARALAYYA NAGAR,
RANEBENNUR, DIST: HAVERI.
2. KUM. RAMESH S/O MURUTEPPA DODDAMANI,
AGE: 7 YEARS, OCC: STUDENT, R/O: BILAGI,
DIST: BAGALKOT, NOW AT C/O. H.N. KARETIMMANNAVAR,
HARALAYYA NAGAR, RANEBENNUR, DIST: HAVERI.
3. KUM. RASHMI D/O MURUTEPPA DODDAMANI,
AGE: 5 YEARS, OCC: NIL, R/O: BILAGI, DIST: BAGALKOT,
NOW AT C/O. H.N. KARETIMMANNAVAR,
Digitally signed
HARALAYYA NAGAR, RANEBENNUR, DIST: HAVERI.
by
VIJAYALAKSHMI
M KANKUPPI
VIJAYALAKSHMI Location: HIGH
M KANKUPPI COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2024.03.07
(SINCE RESPONDENT NO.2 AND 3 ARE MINORS
16:21:32 +0530
R/BY THEIR MINOR GUARDIAN NATURAL MOTHER
RESPONDENT NO.1)
... RESPONDENTS
(BY SRI.N.G.RASALKAR, ADVOCATE FOR R1;R2 & R3 ARE MINORS R/BY R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 17.12.2018 IN
CRL.REVN.PETN.NO.201/2018 PASSED BY THE COURT OF II
ADDL.DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT
RANEBENNUR) BY ALLOWING THIS CRIMINAL PETITION AND
CONFIRMING THE ORDER OF DISMISSAL DATED 15.10.2018 IN
CRL.MISC.NO.197/2015 PASSED BY THE COURT OF ADDL.CIVIL JUDGE
AND 2ND ADDL. JMFC, RANEBENNUR, IN THE INTEREST OF JUSTICE AND
EQUITY.
-2-
NC: 2024:KHC-D:4884
CRL.P No. 100063 of 2019
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo for
withdrawal.
2. The said memo reads thus:
"MEMO FOR WITHDRAWAL
The petitioner begs to submit as under;
It is submitted that Petitioner has filed the top
noted Petition, being aggrieved by the order dated
17/12/2018 in Criminal Revision Petition
No.201/2018 passed by the Court of II Addl.
District and Sessions Judge At Haveri (sitting at
Ranebennur). During pendency of the Petition, the
petitioner and Respondents have settled their
dispute in MFA No.100501/2021 on 19/02/2024.
Copy of the order is herewith produced alongwith
this Memo for the kind perusal of this Hon'ble
Court. In view of the settlement, the amount of
Rs.1,00,000/- which is kept as Fixed Deposit in
favour of Respondent No.2 and 3 as per the interim
orders passed in this Petition on 21/02/2023 is
ordered to be continued to be kept as Fixed Deposit
in favour of Respondent No.2 and 3. In that view of
the matter, subject to above observations, the
Petitioner will not press this Petition. Hence the
NC: 2024:KHC-D:4884
Petition may kindly be dismissed as withdrawn, in
the interest of justice and equity.
Hence, this memo."
3. The memo is signed by the petitioner and also
his counsel. The said memo is enclosed with a copy of the
Judgment dated 19.02.2024 passed in MFA
No.100501/2021.
4. Para No.6 of the said Judgment reads thus:
"6. The respondent-husband today hands
over a D.D for Rs.5,00,000/- bearing No.447805
dated 12.02.2024 drawn on State Bank of India to
the appellant-wife, and further undertakes to
deposit Rs.6,00,000/- in the name of minor children
i.e., Rs.3,00,000/- each in the name of Ramesh and
Rashmi, children of the appellant and respondent,
within a period of four months from today. Further,
it is stated that Rs.1,00,000/- is already kept in
fixed deposit in terms of the order in Criminal
Appeal No.100063/2019 and the same shall
continue in the name of the children. The parties
have agreed that if there is failure on the part of
any of the party in fulfilling the conditions of terms,
the parties are at liberty to approach the Court
asserting the failure on the part of either of the
parties to the litigation."
NC: 2024:KHC-D:4884
5. As per the order dated 21.02.2023 passed in
this petition, a sum of Rs.50,432/- each, came to be kept in
a Fixed Deposit, in the names of respondent Nos.2 and 3 at
State Bank of India, High Court of Karnataka Branch,
Dharwad, as per the order dated 21.02.2023, for a period of
1 year. There is no order in MFA No.100501/2021 to
continue the said Fixed Deposit in the names of respondent
Nos.2 and 3 for a particular period. But, it is only stated
that, the same deposit shall continue in the names of
respondent Nos.2 and 3.
6. In view of respondent Nos.2 and 3, being the
minors namely respondent No.2 aged 7 years and
respondent No.3 aged 5 years as in the year 2019, now,
they might be aged 12 years and 10 years respectively. The
said Fixed Deposits in the names of respondent Nos.2 and 3
at State Bank of India, High Court of Karnataka Branch,
Dharwad, kept for a period of 1 year, shall be renewed
automatically every year, till the respondent Nos.2 and 3
attain the age of majority.
7. The respondent No.1 is at liberty to withdraw
the interest on the said Fixed Deposit in the name of
NC: 2024:KHC-D:4884
respondent Nos.2 and 3, for their education and other
expenses.
8. On attaining the age of majority, respondent
Nos.2 and 3 are at liberty to encash the said Fixed Deposit.
9. With the above observation, the petition is
disposed off as withdrawn.
Sd/-
JUDGE
PJ/CT:BCK
