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2025 DAILYLAW 52376 (KAR)

SHRI. MAHANTESHGOUDA S/O MALLIKARJUNAGOUDA SANNAGOUDAR v. THE STATE OF KARNATAKA

CRL.P/103428/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF MAY, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE V.SRISHANANDA AND SHRI RAKESH M BILKI, MEMBER CRIMINAL PETITION NO.103428 OF 2022 LOK ADALAT NO.288/2025 BETWEEN: 1 . SHRI. MAHANTESHGOUDA S/O MALLIKARJUNAGOUDA SANNAGOUDAR AGE. 38 YEARS, OCC. PRIVATE JOB, R/O. NEAR SRINIVAS CHITRA TEMPLE SAVANUR ROAD, SHIGGAON TQ.SHIGGAON DIST. HAVERI-581205. 2 . SMT. RATNAVVA W/O MALLIKARJUNAGOUDA SANNAGOUDAR AGE. 63 YEARS, OCC. HOUSEHOLD, R/O. NEAR SRINIVAS CHITRA TEMPLE SAVANUR ROAD, SHIGGAON TQ.SHIGGAON, DIST. HAVERI-581205. 3 . SHRI.MALLIKARJUNAGOUDA SANNAGOUDR AGE. 66 YEARS, OCC. AGRICULTURE, R/O. NEAR SRINIVAS CHITRA TEMPLE SAVANUR ROAD, SHIGGAON TQ.SHIGGAON DIST. HAVERI-581205. 2 4 . SHRI. KENCHANAGOWDA S/ONINGANAGOWDA PATIL AGE. 54 YEARS, OCC. AGRICULTURE, R/O. 119, ARISHIANGERI, WADAGATTA, UTTAR KANNADA-581349. ...PETITIONER (BY SRI. SHIVASAI M. PATIL, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA HUBLI DHARWAD WOMEN PS. HUBBALLI DHARWAD CIRCLE REP. BY THE STATE PUBLIC PROSECUTOR HCK DHARWAD. 2 . SMT.KAVYA ALIAS LAKSHMI W/O MAHANTESHGOUDA SANNAGOUDAR, AGE. 28 YEARS, OCC. TEACHER, R/O.C/O. MAHADEVAGUDA PATIL LOHIAYA NAGAR OPP.GOVT. SCHOOL, GOKUL ROAD, HUBBALLI-580030 DIST. DHARWAD. …RESPONDENTS (BY SRI. BASHEER AHMED, ADVOCATE ) THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.1 TO 4 PASSED BY THE COURT OF III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI IN C.C.NO.1687/2022 IN P.S.CRIME NO.1/2022 (HUBBALLI WOMEN PS) U/S- 498A,323,504,506,R/W 34 OF IPC AND DOWRY PROHIBITION ACT, 1961 (U/S.3 AND 4), REGISTERED WITH HUBLI WOMEN PS. 3 THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER 1. Sri.Shivasai M Patil, learned counsel for the petitioners is present. 2. Sri.Ramesh Chigari, learned Additional Advocate representing respondent No.1-State is present. 3. Sri.Basheer Ahmed, learned counsel for respondent No.2 is present. 4. They presented joint memo and contents of the joint memo read over to the parties. 5. De-facto complainant agrees, as there is a two settlement and a petition under Section 13B of the Hindu Marriage Act, is already presented before Court at Shiggaon Court for obtaining divorce by mutual consent, this matter may be disposed off by quashing pending criminal case, by accepting 4 permanent alimony in a sum of Rs.2,50,000/- payable before trial Court at Siggaon. 6. Taking note of the same, following the principles of law enunciated in Ramgopal Vs. State of Maharastra1. 7. Since the lis is privy to the parties and there is no social impact in appreciating the true settlement among the parties, there is no impediments for this Court to quash the pending criminal proceedings. 8. Accordingly, following order is passed. ORDER i. Placing the joint memo on record, pending proceedings in C.C.No.1687/2022 pending on the file of Prl. Civil Judge and JMFC, Hubballi, is hereby quashed. 1 1972 (4) SCC 625 5 ii. It is made clear that if the amount of compensation as agreed in sum of Rs.2,50,000/- is not paid, the de facto complainant has got right to revive the present petition. Sd/- JUDGE Sd/- MEMBER AC CT:GSM