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2023 Supreme(Online)(KAR) 20359

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CRL.P No. 102589 of 2017

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 14TH DAY OF JUNE, 2023

BEFORE

THE HON'BLE MR JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 102589 OF 2017

BETWEEN:

AMEERHAMJAN S/O. NABISAB PINJAR @NADAF,

AGED ABOUT 41 YEARS,

OCC: CONTRACTOR, R/O: KUDALASANGAMA,

TQ: HUNGUND, DIST: BAGALKOT.

…PETITIONER

(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)

AND:

SMT. MAMTAJBEGAUM W/O. AMEERHAMJAN PINJAR

@NADAF, AGED ABOUT 31 YEARS,

OCC: HOUSEHOLD WORK,

R/O: NARAYANPUR, TQ: SURPUR,

DIST: RAICHUR.

…RESPONDENT

(BY SRI. PRAKASH HOSAMANE, ADVOCATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO SET

ASIDE THE IMPUGNED ORDER DATED 24.10.2017 MADE IN

CRL. REVISION PETITION NO. 75 OF 2017 PASSED BY THE

PRL. DIST. AND SESSIONS JUDGE, BAGALKOT AND ALSO THE

ORDER DATED 12.04.2017 MADE IN CRL. MISC. NO. 246 OF

2008 PASSED BY THE PRL. CIVIL JUDGE AND JMFC BAGALKOT.

CHANDRASHEKAR

LAXMAN

KATTIMANI

Digitally signed by

CHANDRASHEKAR

LAXMAN KATTIMANI

Date: 2023.06.17

10:51:22 -0700

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CRL.P No. 102589 of 2017

THIS PETITION, COMING ON FOR HEARING, THIS DAY,

THE COURT MADE THE FOLLOWING:

Learned counsel for the petitioner filed a

memo which reads as under:

"It is submitted that the petitioner and

the Respondent have amicably settled the

matter out of court in the presence and

intervention of the elders. The petitioner

towards full and final settlement has paid a

sum of Rs. 4 lakhs to the Respondent. The

Respondent has accepted the same and has

executed the deed “KHULLA NAMA” to the

petitioner. The copy of the said deed is

herewith produced along with this memo for

kind perusal of this Hon’ble court.

The Respondent after executing the

Khulla Nama in favour of the petitioner, has

got re-married to some other person. The

petitioner has also re-married.

In

that

view

of

the

matter

the

petitioner hereby prays that this Hon’ble

court may be pleased to dispose of the

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above criminal petition in terms of “Khulla

Nama” in the interest of justice and equity.”

2.

Shri.

Prakash

N.

Hosamane,

learned

counsel representing the respondent submits that

parties have settled the matter amicably, in view

of the same impugned order needs to be quashed

as there was a payment of Rs.4,00,000/- by the

petitioner to the respondent as full and final

settlement and deed of “Khulla Nama” has been

executed.

3.

Placing the submission of Shri. Prakash

N. Hosamane, learned counsel for the respondent

and taking note of payment of Rs.4,00,000/- and

executing deed of “Khulla Nama”, impugned order

passed

in

Criminal

Miscellaneous

No.246/2008

dated 12.04.2017 by learned Principal Civil Judge

and

JMFC,

Bagalkote

confirmed

in

Criminal

Revision Petition No.75/2017 dated 24.10.2017 by

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learned Principal District and Sessions Judge,

Bagalkote, is hereby quashed.

Sd/-

JUDGE

SMM

List No.: 2 Sl No.: 51

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