Karnataka High Court
Sudheer Kumar B S/O Veereswamy H vs The State Of Karnataka on 13 November, 2024
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NC: 2024:KHC-D:16605
CRL.P No. 100715 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.100715 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. SUDHEER KUMAR B. S/O. VEERESWAMY H.,
AGE. 40 YEARS, OCC. GOVERNMENT HIGHER
PRIMARY SCHOOL TEACHER,
R/O. # 19/A, TAYAMMA DEVI PRASANNA,
NJS COLONY ROAD, VIDYA NAGAR,
3RD CROSS, 31ST CANTONMENT,
TQ. AND DIST. BALLARI-583275.
2. H. VEERASWAMY S/O. MASTANAPPA,
AGE. 62 YEARS, OCC. RETIRED EMPLOYEE,
3. PARVATHI W/O. VEERASWAMY,
AGE. 62 YEARS, OCC. HOUSEWIFE,
THE PETITIONERS NO.2 AND 3 ARE
R/O. H. NO.12, AMBEDKAR NAGAR,
1ST CROSS, SANGANKAL VILLAGE AND
POST, BALLARI TALUK AND DISTRICT-583103.
...PETITIONERS
(BY SRI R.H. ANGADI, ADVOCATE)
Digitally signed by
MOHANKUMAR B AND:
SHELAR
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA (WOMEN POLICE STATION, BALLARI)
R/BY STATE PUBLIC PROSECUTOR,
THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. SUMATHI S. W/O. SUDHEER KUMAR B.,
AGE. 35 YEARS, OCC. HOUSE WIFE,
R/O. WARD NO.31, 3RD CROSS,
VIDHYA NAGAR, NGS COLONY,
ROAD 19/A, BALLARI-583103.
...RESPONDENTS
(BY SRI PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI GIRISH A.YADAWAD, ADVOCATE FOR R2)
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NC: 2024:KHC-D:16605
CRL.P No. 100715 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS
PENDING AGAINST THE PRESENT PETITIONERS WHO ARE ARRAYED
AS ACCUSED NO.1 TO 3 IN BALLARI WOMEN POLICE, AT THEIR P.S.
CRIME NO.2/2024, FOR THE ALLEGED OFFENCES P/U/SEC. 498A,
323, 504, 506 R/W SEC. 34 OF IPC, PENDING ON THE FILE OF IV
ADDL. CIVIL JUDGE AND JMFC, BALLARI BY ALLOWING THE
PETITION TO MEET THE ENDS OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Petitioners who are accused Nos.1 to 3 and the
counsel present.
2. Respondent No.2 is not present. However,
learned counsel for respondent No.2 present and filed
memo stating that he has been instructed by
respondent No.2 that she has settled the matter with
petitioners/accused persons and a decree of divorce
has been granted in MC No.186/2024 dated
25.09.2024 by the Principal Judge, Family Court,
Ballari and in the light of the same, she has no
NC: 2024:KHC-D:16605
objection to allow the petition and quash the criminal
proceedings initiated against the petitioners/accused
Nos.1 to 3.
3. The certified copy of judgment in MC
No.186/2024 dated 25.09.2024 is also produced. In
the said petition, respondent No.2 has received
Rs.5,00,000/- as permanent alimony.
4. The present petition is filed by the
petitioners/accused Nos.1 to 3 who are the husband
and in-laws of respondent No.2 to quash the criminal
proceedings initiated against them in Crime No.2/2024
of Ballari Women PS for the offences punishable under
Sections 498A, 323, 504, 506 r/w 34 of IPC.
5. Having regard to the fact that the parties
have settled the dispute, and decree of divorce has
been granted between petitioner No.1/accused No.1
and respondent No.2, the petition is allowed and the
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criminal proceedings in Crime No.2/2024 of Ballari
Women PS for the offences punishable under Sections
498A, 323, 504, 506 r/w 34 of IPC are quashed.
Sd/-
(J.M.KHAZI)
JUDGE
VMB, CT: UMD
