Nagaratna vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jul 01, 2025

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Citation: sooperkanoon.com/1783076
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Jul 01, 2025
Case Number: CRL.P/14381/2024

Parties & Advocates

Appellant / Petitioner

Nagaratna

Respondent

State of Karnataka

Excerpt

.....section 34 of ipc and sections 3 and 4 of dp act and section 3(1)®, 3(1)(s), 3(1)(w), 3(2)(v-a) of sc/st pa act, in respect of the petitioners/accused nos.2 and 3. -3-b) grant such other relief or reliefs as this hon’ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”2. learned counsel for the petitioners - accused nos.2and 3 and learned counsel for 2nd respondent - complainant have filed a joint affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.3. petitioners - accused nos.2 and 3, respondent no.2 and their counsel are physically present before the court and they admit the contents of the joint affidavit, which reads as under:- “joint affidavitwe, nagarathna w/o late nagaraju aged about 49 years, r/at kotreshwara badavane raghavendara school road, 1st cross davanagere town davanagere and veena w/o manohara aged about 41 years, r/at mratunjaya nagara near hp gas godown ranibennuru, haveri and nandini w/o madhu aged about 36 years, r/at chikkammanni layout 1st main sri bommalingeswara nilaya davanegere town davanagere. now at bengaluru do herebysolemnly oath as follows:1. we swear that, we are the petitioners no.1 and 2and respondent no.2 in the above case, we know the factsand circumstance of the above case. -4-2. we further swear that, the petitioners 1 and 2 filedthis petition for quashing the entire proceedings in spl c no21/2021 of the davanagere women police station on the file of ii addl dist and session judge davanagere for the alleged offence under section 498a, 354(b),323, 504 506, r/w 34 of ipc and section 3,4of dp act and sections 3(1)r, 3(1)s, 3(1)w, 3(2)(v-a) of sc and st pa act.we further swear that, the petitioners and respondent 2 are residing together jointly hence quashed the proceedings.4. we further swear that, we are settle the disputeamicably out of the court, by the advice of family elders and now respondent no.2.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14381 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1. NAGARATNA W/O LATE NAGARAJ AGED ABOUT 49 YEARS R/AT KOTRESHWAR BADAVANE RAGHAVENDRA SCHOOL ROAD 1ST CROSS, DAVANAGERE TOWN DAVANAGERE PIN - 577 001
2. VEENA W/O MANOHARA AGED ABOUT 41 YEARS R/AT MRATUNJAYA NAGAR NEAR HP GAS GODOWN RANEBENNURU HAVERI
Digitally signed        PIN - 58110
by CHANDANA                                                      …PETITIONERS
BM                 (BY SRI. SHARATH J. M., ADVOCATE)
Location: High Court of AND: Karnataka
1. STATE OF KARNATAKA BY WOMEN POLICE STATION, DAVANAGERE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BULDING, BENGALURU - 560 001
2. NANDINI
W/O MADHU, AGED ABOUT 36 YEARS, R/AT CHIKKAMMANNI LAYOUT, -2- 1ST MAIN, SRI BOMMALINGESHWARA NILAYA, DAVANAGERE TOWN, DEVANAGERE, PIN - 577 001 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. HONNESH B. R., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S

528 BNNS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDING IN SPL.C.C NO 21/2021 OF THE DAVANAGERE WOMEN POLICE PENDING ON THE FILE OF THE II ADDL. DIST. AND SESSIONS JUDGE, DAVANAGERE FOR THE ALLEGED OFFENCE UNDER SECTION 498(A), 354(B), 323, 504, 506, R/W 34 OF IPC AND SECTION 3, 4 OF DP ACT AND SECTION 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a) OF SC/ST PA ACT, IN RESPECT OF PETITIONERS/ACCUSED NO.2 TO 3.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“ a) Call for the relevant records; Quash the entire criminal proceeding in SPL.C.C.No.21/2021 of the Davanagere women police pending on the file of the II Additional District and Sessions Judge, Davanagere for the alleged offence under Sections 498A, 354B, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of DP Act and Section 3(1)®, 3(1)(s), 3(1)(w), 3(2)(v-a) of SC/ST PA Act, in respect of the petitioners/accused Nos.2 and 3. -3-

b) Grant such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”

2. Learned counsel for the petitioners - accused Nos.2

and 3 and learned counsel for 2nd respondent - complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.

3. Petitioners - accused Nos.2 and 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT

We, Nagarathna w/o late nagaraju aged about 49 years, R/at kotreshwara badavane raghavendara school road, 1st cross davanagere town davanagere and veena w/o manohara aged about 41 years, R/at mratunjaya nagara near HP gas godown ranibennuru, haveri and Nandini W/o madhu Aged About 36 Years, R/At chikkammanni layout 1st main sri bommalingeswara nilaya davanegere town davanagere. now at Bengaluru do herebysolemnly oath as follows:

1. We swear that, we are the petitioners No.1 and 2

and Respondent No.2 in the above case, We know the facts

and circumstance of the above case. -4-

2. We further swear that, The Petitioners 1 and 2 filed

this petition for quashing the entire proceedings in SPL C No21/2021 of the Davanagere women Police station on the file of II ADDL DIST AND SESSION JUDGE Davanagere for the alleged offence under section 498A, 354(b),323, 504 506, R/W 34 of IPC and section 3,4of DP act and sections 3(1)r, 3(1)s, 3(1)w, 3(2)(v-a) of SC AND ST PA act.

We further swear that, the petitioners and respondent 2 are residing together jointly hence quashed the proceedings.

4. We further swear that, we are settle the dispute

amicably out of the court, by the advice of family elders and now respondent No.2 have no objection to quash the entire proceedings in SPL C No-21/2021 of the Davanagere women Police station on the file of II ADDL DIST AND SESSION JUDGE Davanagere for the alleged offence under section 498A, 354(b),323, 504 506, R/W 34 of IPC and section 3,4of DP act and section 3(1)r,3(1)s,3(1)w,3(2)(v-a) of SC AND ST PA act. We further swear that, wehave affixed their signature withtheir free consent without having misrepresentation, fraud and undue influence.

WHEREFORE, We most humbly pray that this Hon'ble court may kindly be pleased to allow the accompanying application and quash the entire proceedings SPL C No-21/2021 of the Davanagere women Police station on the file of II ADDL DIST AND SESSION JUDGE -5- Davanagere for the alleged offence under section 498A, 354(b),323, 504 506, R/W 34 of IPC and section 3,4of DP act and section 3(1)r,3(1)s,3(1)w,3(2)(v-a) of SC AND ST PA act, in the interest of justice.”

4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:

ORDER

(i) The petition is disposed of in terms of Joint Affidavit dated 01.07.2025.

(ii) The proceedings in Spl.C.C.No.21/2021 (arising out of

Crime No.57/2021 of 1st respondent - Police) registered for the offences punishable under Sections 498A, 354(b), 323, 504 506, read with Section 34 of IPC and Sections 3 and 4 of DP act and Sections 3(1)r, 3(1)s, 3(1)w, 3(2)(v-a) of SC and ST PA Act, pending on the file II Additional District and Session Judge Davanagere insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 2

Same Court & Year Karnataka Orders · 2025 Same Parties Nagaratna vs State of Karnataka Same Judge S.R.Krishna Kumar