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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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