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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23rd DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.100072/2022
BETWEEN
1.
VINUT S/O. MAHIPAL UMALOTI,
AGE. 39 YEARS, BUSINESS,
R/O. NO.61, VANI NILAY SILVER,
ARCHED KELAGERI, DHARWAD,
NOW R/O. ROOM NO.201,
DR. S. R. RAMANGOUDAR MULTI-SPECIALITY
HOSPITAL PVT. LTD., MALAPUR CROSS,
DHARWAD-580008
(R/BY HIS NEXT FRIEND HIS NATURAL
FATHER PETITIONER NO.2)
2.
DR. MAHIPAL S/O. AMARESH UMLOTI
AGE. 69 YEARS, OCC. CONSULTANT,
R/O. NO.61, VANI NILAY SILVER,
ARCHED KELAGERI, DHARWAD,
NOW R/O. ROOM NO.310, HOYSAL LODGE,
P.B. DHARWAD-580001.
...PETITIONERS
(BY SRI K.L.PATIL, AND SRI S.S.BETURMATH, ADVOCATES)
AND :
1.
THE STATE OF KARNATAKA
THROUGH HUBBALLI-DHARWAD MAHILA P.S.,
R/BY STATE PUBLIC PROSECUTOR,
2
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
2.
SMT. USHA W/O. VINUT UMALOTI
AGE. 33 YEARS, OCC. HOUSEWIFE,
R/O. 61, VANI NILAY, SILVER ARCHED,
KELAGERI ROAD, DHARWAD-580001.
..RESPONDENTS
(BY SRI RAMESH CHIGARI, HCGP FOR RESPONDENT NO.1)
(BY SRI PRAKASH S.ARALIKATTI, ADV.FOR RESPONDENT NO.2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.593/2020
ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND II-JMFC,
DHARWAD FOR THE OFFENCES PUNISHABLE U/S 498A, 323,
324, 504, 506 R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
The petitioners have filed the subject petition calling
in question the proceedings in Criminal Case No.593/2020
registered for the offences punishable under Sections 498A,
323, 324, 504 and 506 read with Section 34 of IPC.
2. During the pendency of these proceedings, the
parties to the lis have entered into a compromise and filed
memorandum of compromise settling the matter between
them in terms of compromise, which reads as under :
3
“COMPROMISE PETITION
Herein, the Petitioner Smt.Usha W/o. Vinuth
Umaloti and the Respondent Sri.Vinuth Mahipal
Umalot through his next friend Dr.Mahipal Umaloti,
jointly
submit
this
compromise
petition
as
hereunder.
1.
It is submitted that, both the parties, the
Petitioner i.e., the wife and the Respondent i.e, the
husband through his next friend have mutually
agreed among themselves to have the case amicably
settled on terms agreed upon as set out in
M.C.Petition No.266/2019.
2.
It is submitted that the Respondent
herein has filed a petition seeking divorce on the file
of
the
Family
Court,
Dharwad
bearing
M.C.No.266/2019 against the Petitioner.
3.
It is submitted that both the parties have
amicably agreed for decree of divorce in M.C.No.
266/2019 and the Respondent herein i.e, the
husband
has
agreed
for
the
payment
of
Rs.12,50,000/-(Rupees
Twelve
Lakhs
and
Fifty
Thousand) towards the payment of permanent
alimony as well as towards past and future
maintenance in full and final settlement.
4.
In
view
of
the
settlement
in
M.C.No.266/2019 and in view of the terms agreed as
set out in the compromise petition of M.C 266/2019.
4
The Petitioner i.e., the wife intends/agrees to
withdraw this case unconditionally as lis is fully
settled among the parties.
5.
It is submitted that, the Petitioner and
the
Respondent
have
submitted
this
petition
voluntarily with free consent and without any undue
influence or force.”
3. One such term is closure of impugned proceedings.
In the light of the parties entered into a compromise, I
deem it appropriate to quash the proceedings pending
against the petitioners.
4.
For the aforesaid reasons, the following:
ORDER
(i)
The criminal petition is allowed.
(ii)
The
proceedings
in
Criminal
Case
No.593/2020 on the file of II Additional Civil
Judge and II JMFC, Dharwad stand quashed
qua petitioners.
SD
JUDGE
CKK
