Karnataka High Court
Kamalakar Shet S/O Vasudev Shet vs Smt. Vasanti S/O Kamalakar Shet on 6 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:64
CRL.P No. 103274 of 2022
C/W CRL.P No. 103272 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103274 OF 2022
(482(CR.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 103272 OF 2022
IN CRL.P. NO. 103274 OF 2022:
BETWEEN:
SMT. VEENA D/O BOMMAYA HARIKANTRA,
AGE: 31 YEARS, OCC: HOUSEWIFE,
R/O: DEVARABHAVI, TORKE, KUMTA,
DIST: UTTARA KANNADA-581 333.
... PETITIONER
(BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE)
AND:
1. SMT. VASANTI S/O KAMALAKAR SHET,
Digitally signed AGE: 56 YEARS, OCC: HOUSEHOLD,
by ASHPAK
KASHIMSA
MALAGALADINNI
R/O: SONARKERI, HIREGUTTI,
ASHPAK
KASHIMSA
Location: HIGH
COURT OF
MALAGALADINNI KARNATAKA
KUMTA, DIST: U.K.-581 333.
DHARWAD
BENCH
Date: 2025.01.09
12:51:13 +0530 2. THE STATE OF KARNATAKA,
R/BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD-580 011.
... RESPONDENTS
(BY SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R1;
SRI. PRAVEENA P. DEVAREDDIYAVARA, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.,
PRAYING TO CALL FOR THE RECORDS IN C.C.NO.1092/2022
(P.C. NO.412/2021) FROM ADDL. CIVIL JUDGE AND J.M.F.C.,
KUMTA, AND QUASH THE CRIMINAL PROCEEDINGS AGAINST
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NC: 2025:KHC-D:64
CRL.P No. 103274 of 2022
C/W CRL.P No. 103272 of 2022
THE PETITIONER/ACCUSED NO. 02 PENDING ON THE FILE OF
ADDL. CIVIL JUDGE AND JMFC COURT KUMTA UNDER C.C.
NO.1092/2022 (PC NO.412/2021) AND QUASH THE ORDER OF
TAKING COGNIZANCE DATED 29.06.2022 AND ISSUANCE OF
PROCESS FOR THE OFFENSE PUNISHABLE U/S 494, 420, 506
OF I.P.C. PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND
JMFC COURT, KUMTA, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN CRL.P. NO. 103272 OF 2022:
BETWEEN:
KAMALAKAR SHET S/O VASUDEV SHET,
AGE: 59 YEARS, OCC: ATTENDER,
R/O: SONARKERI, POST: HIREGUTTI,
TQ: HIREGUTTI, KUMTA, U.K.-581 333.
... PETITIONER
(BY SRI. HARSHAWARADHAN M. PATIL, ADVOCATE)
AND:
1. SMT. VASANTI S/O KAMALAKAR SHET,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O: SONARKERI, HIREGUTTI,
KUMTA, DIST: U.K.-581 333.
2. THE STATE OF KARNATAKA,
R/BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD-580 011.
... RESPONDENTS
(BY SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R1;
SRI. PRAVEENA P. DEVAREDDIYAVARA, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.,
PRAYING TO CALL FOR THE RECORDS IN C.C.NO.1092/2022
(P.C. NO.412/2021) FROM ADDL. CIVIL JUDGE AND J.M.F.C.,
KUMTA, AND QUASH THE CRIMINAL PROCEEDINGS AGAINST
THE PETITIONER/ACCUSED NO. 01 PENDING ON THE FILE OF
ADDL. CIVIL JUDGE AND JMFC COURT KUMTA UNDER C.C.
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NC: 2025:KHC-D:64
CRL.P No. 103274 of 2022
C/W CRL.P No. 103272 of 2022
NO.1092/2022 (PC NO.412/2021) AND QUASH THE ORDER OF
TAKING COGNIZANCE DATED 29.06.2022 AND ISSUANCE OF
PROCESS FOR THE OFFENSE PUNISHABLE U/S 494, 420, 506
OF I.P.C. PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND
JMFC COURT, KUMTA, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE PETITIONS ARE COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT
CHANDANGOUDAR
ORAL ORDER
1. The petitioners are challenging the order of the learned
Magistrate taking cognizance of offences punishable under
Sections 494, 420, and 506 of the Indian Penal Code (IPC).
2. Respondent No.2/complainant has alleged that
accused No.1, during the subsistence of their marriage, contracted
a second marriage with accused No.2.
3. Learned counsel for the petitioners has filed a memo
enclosing a copy of the judgment passed by the learned Senior
Civil Judge and Principal JMFC, Kumta, in MC No.8/2024, wherein
the marriage between the complainant and accused No.1 has been
dissolved by mutual consent as per the terms of the settlement.
The complainant has further agreed to withdraw all allegations
against the accused/petitioners herein. The petitioners, therefore,
seek to quash the impugned proceedings.
4. The memo is placed on record.
NC: 2025:KHC-D:64
5. In view of the above and considering that there is no
material to establish that accused No.1 contracted a second
marriage during the subsistence of his marriage with the
complainant, the cognizance taken by the learned Magistrate is
impermissible in law.
6. Accordingly, the continuation of criminal proceedings
against the petitioners would amount to an abuse of the process of
law.
7. Accordingly, the petitions are allowed. The impugned
proceedings in CC No.1092/2022 pending on the file of learned
Addl. Civil Judge and JMFC, Kumta, insofar it relates to the
petitioners, are quashed.
8. The Bank concerned to defreeze the bank account of the
petitioners herein forthwith.
Pending applications, if any, are disposed off as not surviving
for consideration.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
JTR
CT:BCK
