Karnataka High Court
Smt. Lakshmamma vs State By on 4 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:36330
CRL.P No. 6807 of 2022
C/W WP No. 28165 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6807 OF 2022
C/W
WRIT PETITION NO. 28165 OF 2023 (GM-RES)
IN CRL.P No. 6807/2022
BETWEEN:
1. SMT. LAKSHMAMMA
W/O. MADALI GOWDA,
AGED ABOUT 66 YEARS,
NO. 1444, WARD NO. 8,
SEETHA RAMANJENEYA TEMPLE ROAD,
NORTHERN EXTENSION,
HASSAN,
KARNATAKA -573 201.
Digitally signed
by KAVYA G 2. SRI. MADALI GOWDA
Location: High S/O. LATE HOLI GOWDA,
Court of
Karnataka AGED ABOUT 69 YEARS,
NO. 1444, WARD NO. 8,
SEETHA RAMANJENEYA TEMPLE ROAD,
NORTHERN EXTENSION,
HASSAN,
KARNATAKA -573 201.
3. NAGARATHNA. M
AGED ABOUT 45 YEARS,
W/O. NANJANNA,
-2-
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CRL.P No. 6807 of 2022
C/W WP No. 28165 of 2023
NO. 100, HADAVANAHALLI,
HOLENARASIPURA TALUK,
HASSAN -573 211.
...PETITIONERS
(BY SMT. SUJNANESHWARI SHETTY, ADVOCATE)
AND:
1. STATE BY
MYSURU CITY WOMEN POLICE STATION,
MYSORE CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA -560 001.
2. SMT. SANKALPA
W/O. YOGESH,
AGED ABOUT 30 YEARS,
NO.7, 4TH CROSS,
SHAKTINAGAR,
MYSURU -570 003.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1;
SRI. B.K. MOHAN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDINGS AGAINST THE PETITIONERS AND
REGISTRATION OF CASE FIR NO.88/2022 REGISTERED BY
RESPONDENT NO.1 PENDING ON THE FILE OF VII ADDL.
JUDGE (JR.DN.) AND J.M.F.C., JLB ROAD, MYSURU FOR THE
OFFENCE P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4
OF DOWRY PROHIBITION ACT.
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NC: 2024:KHC:36330
CRL.P No. 6807 of 2022
C/W WP No. 28165 of 2023
IN WP NO. 28165/2023
BETWEEN:
YOGESH M.,
S/O MADALLIGOWDA,
AGED ABOUT 38 YEARS,
R/AT NO. 1444,
SEETHARAMANJANEYA TEMPLE ROAD,
NORTHERN EXTENSION,
HASSAN - 573 201,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. MADALLIGOWDA.
...PETITIONER
(BY SMT. SUJNANESHWARI SHETTY.,ADVOCATE)
AND:
1. STATE BY WOMEN POLICE STATION,
MYSORE CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA.
2. SANKALPA
W/O YOGESH M.,
AGED ABOUT 30 YEARS,
NO.7, 4TH CROSS,
MYSURU - 570 003
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1;
SRI. B.K. MOHAN, ADVOCATE FOR R2)
THIS WRIT PETITION IS FIELD UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA AND SECTION
482 OF THE CRIMINAL PROCEDURE CODE 1973 PRAYING
TO a) QUASH THE COMPLAINT DATED 06/07/2022 IN
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NC: 2024:KHC:36330
CRL.P No. 6807 of 2022
C/W WP No. 28165 of 2023
CRIME NO. 88/2022 ON THE FILE OF THE VII ADDL. JUDGE
(JR. DN) AND JMFC, JLB ROAD, MYSURU (ANNEXURE-A) IN
SO FAR AS CONCERNED AND ETC.
THIS CRL.P AND WP, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Smt. Sugnaneshwari Shetty, learned counsel
appearing for the petitioners, Smt. Sowmya R., learned HCGP
appearing for respondent No.1, Sri. B.K. Mohan, learned
counsel appearing for respondent No.2 and have perused the
material on record.
2. During the pendency of these proceedings, it
transpires that the parties to the lis have settled the dispute in
MFA No.552/2023. Terms of settlement reads as follows:
"MEMORANDUM OF SETTLEMENT UNDER
SECTION 89 OF CPC READ WITH RULES 24 AND 25
OF THE KARNATAKA CIVIL PROCEDURE
(MEDIATION) RULES, 2005.
i.(1) Both parties have particiated in mediation
Sittings and in the said sittigs detailed discussions have
taken place, in the said sittings the elders and the
respectable advocates also participated and discussions
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have been made seriously in view of the same, the parties
have come to the following decisions;
2. Since the parties have decided, not to Join
together, hence the Pa order passed in M.C.929/2021 on
the file of the Ist Addl.Family Judge, Court, Mysore and
both the parties have agreed to abide by the orders of the
said court and the petitioner herein preferred the appeal
before the Hon'ble High Court of Karnataka against the
Judgment of M.C.929/2021. The Appeal is pending before
the Hon'ble High Court of Karnataka in
M.F.A.no.552/2023. In view of this agreement the
petitioner herein has undertaken to withdraw the said
M.F.A and she has agreed to get it dismissed.
3. The petitioner herein has filed an
M.F.A.No.550/2023 before the Hon'ble High Court of
Karnataka challenging the order passed by the Ist Adl. Ist
Addl. Family Judge Court, Mysore in the petition filed by
the petitioner u/s 9 of H.M. Act, in view of this
agreement, has undertaken to withdraw the said M.F.A.
no.550/2023.
4. The petitioner herein had filed a petition for
enhancement of the maintenance amount in
C.Mis.588/2021 on the file of the Ist Addl. Family Judge,
Court, Mysore. The respondent herein has challenged the
order passed in the said petition in RPFC no.21/2023
before the Hon'ble High Court of Karnataka. In view of
this agreement the petitioner herein has undertaken to
submit before the Hon'ble High Court of Karnataka that
the RPFC 21/2023 filed by the Respondent herein may
kindly be allowed. Further it is stated that the whatever
stated in the petition it does not holds good in view of this
agreement and the order passed in C.Misc.5882021 on
the file of the Ist Addl. Family Judge Court, Mysore, the
petitioner has not to press or execute the same.
5. There are CRP no.6807/2022 and
W.P.No.28165/2023 pending before the Hon'ble High
Court of Karnataka filed by the mother, father, and sister
of the respondent herein and the respondent respectively
challenging the FIR no.88/2022 u/s 498A, R/w Sec. 3 & 4
of D.P. Act by registered by the women Police Station
Mysore city for quashing the said FIR. In view of this
agreement the petitioner herein has undertaken to submit
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before the Hon'ble High Court of Karnataka that the said
two proceedings namely CRP no.6807/2022 and
W.P.No.28165/2023 may be allowed.
6. As per the agreement entered into between
the parties, the respondent herein has agreed to pay an
Amount of Rs.22,50,000/- [Rs.Twenty Two Lakhs & Fifty
thousand only] for the maintenance of the minor daughter
Kum. Shanvi and an Amount of Rs.5,00,000/- [Five
Lakhs] to the petitioner herein for her maintenance.
These amounts has been received by the petitioner in full
and final settlement of the petitioner and the daughter
Kum. Shanvi
.
7. The above mentioned amount has been
agreed to be paid by the Respondent through the D.D.
which will be handed over to the petitioner before Hon'ble
High Court of Karnataka, Bangalore while admitting this
agreement.
8. The petitioner shall not draw the
maintenance amount of the minor daughter till she
attains majority. However the petitioner is at liberty to
draw the interest accrued periodically on the maintenance
amount of the minor daughter and the interest amount
should be utilised for the maintenance of the minor
daughter."
3. Therefore, in light of the settlement arrived at
between the parties quoted supra, I deem it appropriate to
terminate the proceedings pending against these petitioners in
these petitions.
4. For the aforesaid reasons, the following:
ORDER
i. Criminal Petitions are disposed.
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ii. Proceedings in Crime No.88/2022, stand quashed,
qua the petitioners.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
CT:SNN
