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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 04^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.201558/2019

BETWEEN:

1 .

GOVIND SWAMY RAGHUVEER

S/O LATE APPA SWAMY RAGHUVEER

AGED ABOUT 37 YEARS

R/O: PLOT NO.1, SRINIVAS NILAYA

SECTOR NO.32, LAVA NAGAR, BAGALKOT.

2 .

ARUNA RAGHUVEER

D/O APPASWAMY RAGHUVEER

AGED ABOUT 42 YEARS

R/O: PLOT NO.1, SRINIVAS NILAYA

SECTOR NO.32, LAVA NAGAR

BAGALKOT.

...PETITIONERS

(BY SRI AMEET KUMAR DESHPANDE, ADVOCATE)

AND:

1 .

THE STATE OF KARNATAKA

THROUGH P.S.I. WOMEN POLICE STATION

RAICHUR.

THROUGH ASPP, HCKB

HIGH COURT OF KARNATAKA

AT KALABURGI BENCH

2 .

SAMYUKTA

W/O GOVIND SWAMY RAGHUVEER

AGED ABOUT 29 YEARS

2

R/O: C/O: MOHAN POOJARI

HOUSE NO. 7-6-75/1, PAVAMANA NILAYA

C/O: P.V. RAO, SAVITRI COLONY

RAICHUR.

… RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO ALLOW THIS PETITION AND QUASH

THE PROCEEDINGS IN C.C.NO.767/2017 ON THE FILE OF THE

PRL.JMFC-II, RAICHUR, ARISING OUT OF CRIME NO.17/2017

OF THE WOMEN POLICE STATION, RAICHUR THE CERTIFIED

COPY OF THE ORDER SHEET IS AT ANNEXURE-D FOR THE

ALLEGED OFFENCE P/U/SEC.498A, 504, 506 R/W SEC.34 OF

IPC. AND U/SEC.3,4 AND 6 OF D.P.ACT.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Govind Swamy Raghuveer and Aruna Raghuveer

who are the accused in C.C.No.767/2018 on the file of

Prl. JMFC-II, Raichur are before this Court seeking

quashing of further proceedings in C.C.No.767/2018.

2.

The necessary facts for disposal of the

petition are as under:

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The first petitioner Govind Swamy Raghuveer

married Smt.Samyukta who is the second respondent in

this case on 24.12.2015 as per rituals applicable to

Hindus. Their marriage was not a happy marriage as

there were bickering in the matrimonial tie. There were

number of proceedings between the parties and one

such

proceeding

is

C.C.No.767/2018

where

the

petitioners are facing the criminal trial under Section

498A, 323, 504, 506 read with Section 34 of IPC and

under Sections 3, 4 and 6 of Dowry Prohibition Act,

1961. There was also a matrimonial proceedings

instituted

seeking

dissolution

of

marriage

in

M.C.No.63/2016 on the file of Family Court, Raichur. At

the intervention of the well wishers and elders, the

parties amicably settled the matter by

filing

a

compromise petition before the Family Court, Raichur,

which reads as under:

"Compromise petition under Order 23

Rule 3 of CPC.

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The petitioner

and respondent

are

husband

and

wife

herein

entered

into

compromise before the elders, well wishers of

the family with regard to dissolution of

marriage which was performed on 24-12-

2015 at Jodu Anjaneya Temple Raichur.

Accordingly the said marriage will be

dissolved and will not be in existence

hereinafter this compromise. There is no

cohabitation between the parties, admittedly

there are no issue.

On account of compromise between

them respondent has paid an amount of

Rs.5,00,000/- as permanent alimony to the

petitioner. This amount of Rs.5,00,000/- is

paid to the petitioner in open court through

account payee DD No.023642 Axis Bank

Branch Raichur, drawn on dated 2-6-2017 in

favour of petitioner.

The golden ornaments given to the

respondent at the time of marriage are now in

police custody involved in a criminal case,

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therefore the value of the amount of the gold

will be paid by the respondent to the

petitioner

through

DD

No.2023643

for

Rs.1,00,000/- Axix Bank Branch Raichur,

drawn on dated 2-6-2017 in favour of

petitioner.

The respondent returned today the

silver articles given by the father of the

petitioner at the time of marriage. Absolutely

the petitioner has no claim against the

respondent in view of this compromise the

petitioner given up all her claim and rig