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2024 Supreme(Online)(KAR) 22791
HIGH COURT OF KARNATAKA
MR JUSTICE SURAJ GOVINDARAJ, J
MADHUSUDAN. M – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 5152/2018
Advocates:
SRI. SANTHOSH KUMAR M B., ADVOCATE; SRI.CHANNAPPA ERAPPA, HCGP FOR R1; SRI.RAVI H.K. ADVOCATE FOR R2.
SRI. SANTHOSH KUMAR M B., ADVOCATE; SRI.CHANNAPPA ERAPPA, HCGP FOR R1; SRI.RAVI H.K. ADVOCATE FOR R2.
The court upheld the principle of amicable resolution of disputes, allowing withdrawal of the petition based on mutual agreement between the parties.
Headnote:(A) Indian Penal Code - Sections 498A, 323, 504, 149; Dowry Prohibition Act - Sections 3 & 4 - Petitioners sought to quash FIR for offenses related to dowry and assault, claiming non-maintainability. The parties resolved disputes amicably, leading to withdrawal of the petition. (Paras 1-3)
(B) Withdrawal of Petition - The court accepted the memo indicating resolution of disputes and dismissed the petition as withdrawn. (Para 3)
Facts of the case:
The petitioners approached the court to quash an FIR filed against them under various IPC sections and the Dowry Prohibition Act. They later filed a memo stating all disputes with the respondent had been resolved amicably.
Findings of Court:
The court accepted the memo and dismissed the petition as withdrawn.
Issues: The main issue was the maintainability of the FIR and the resolution of disputes between the parties.
Ratio Decidendi: The court emphasized the importance of amicable resolution of disputes, leading to the dismissal of the petition based on the parties' agreement.
Result: Petition dismissed as withdrawn.
ORDER
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1. The petitioners are before this Court seeking for the following reliefs:
- "The petitioners most respectfully pray to this Hon'ble Court pleased to, 1.Admit the petition and call for records from the court below on the file of the Additional Civil Judge & JMFC Tarikere, Chikkamagalur on its file in Crime No.13/2018 as per Annexure-C.
- II. Quash the FIR in Crime No.13/2018 filed by the Lakkavalli Police, Tarikere for the offense punishable under section 498A, 323 & 504, 149 & SEC 3 & 4 of D.P
- Act of IPC as per Annexure-C against the petitioners as not maintainable.
- III. Pass any such order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case."
2. A memo dated 02.04.2024 has filed signed by the counsel for the petitioners, which reads as under:
- "The petitioners most respectfully submits to this Hon'ble Court that the petitioners and the respondent no.2 has resolved all the disputes between themselves amicably and hence the petitioners most respectfully prayer to this Hon'ble Court, please to dispose of the above petition as withdrawn in the interest of justice and equity."
3. Accepting the said memo and submission of the counsel for the petitioners, the petition is dismissed as withdrawn.
4. Pending interlocutory applications, if any, stand disposed of.
