- 1 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO. 201330 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. KHEERUDAS RATHOD S/O KISHAN CHIMNA RATHOD, AGE: 69 YEARS, OCC: RETD SUB-DIVISIONAL ENGINEER BSNL, R/O. PLOT NO.264, JANAKI NILAYA, BEHIND VEERENDRA PATIL KALYAN MANTAP, BANASHANKARI COLONY, JAYANAGAR, KALABURAGI–585105. 2. KAMALA W/O KHEERUDAS RATHOD, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O. PLOT NO.264, JANAKI NILAYA, BEHIND VEERENDRA PATIL KALYAN MANTAP, BANASHANKARI COLONY, JAYANAGAR, KALABURAGI–585105. 3. NIRANJAN S/O KHEERUDAS RATHOD AGE: 34 YEARS, OCC: STUDENT M.TECH JNTU HYDERABAD, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 & PURSUING FOR UPSC R/O. PLOT NO.264, JANAKI NILAYA, BEHIND VEERENDRA PATIL KALYAN MANTAP, BANASHANKARI COLONY, JAYANAGAR, KALABURAGI – 585105. 4. PRIYANKA D/O KHEERUDAS RATHOD AGE: 32 YEARS, OCC: ASST. MANAGER HDFC, HYDERABAD, R/O. PLOT NO.264, JANAKI NILAYA, BEHIND VEERENDRA PATIL KALYAN MANTAP, BANASHANKARI COLONY, JAYANAGAR, KALABURAGI – 585105. 5. RAKESH S/O LAXMAN RATHOD, AGE: 25 YEARS, OCC: STUDENT B.TECH ELECTRICAL ENG, R/O. SUDHA NAYAK TANDA NALWAR, NEAR HANUMAN TEMPLE, NALWAR VILLAGE, TQ.CHITTAPUR, DIST.KALABURAGI - 585218 …PETITIONERS (BY SRI SHIVASHARANA REDDY, ADVOCATE) AND: 1. THE STATE THROUGH, WOMEN POLICE STATION, KALABURAGI-585102, (REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH). - 3 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 2. NEETU W/O. ANILGANDHI RATHOD, AGE: 35 YEARS, OCC:HOUSEHOLD, R/O. NEAR GANESH MANDIR, JAYANAGAR, KALABURAGI – 585105. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1; SRI SANJAY KULKARNI, ADVOCATE, FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C. NO.1380/2023 ARISING OUT OF CRIME NO.137/2022 OF RESPONDENT WOMEN P.S., KALABURAGI, PENDING ON THE FILE OF I ADDL. JMFC COURT, KALABURAGI, FOR OFFENCES UNDER SECTIONS 498(A), 323, 504, 506, R/W. SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Both the parties, including the husband of the second respondent are present before the Court. 2. The brief facts of the case are that on account of exigencies in the life, husband of the second respondent - 4 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 lost his job and at that juncture, only with an intention to sustain the day-to-day needs, the gold ornaments of second respondent were also sold and the second respondent and her husband were separated. At that juncture, complaint also came to be filed with the jurisdictional police, which is now pending in C.C. No.1380/2023. 3. In order to find out the feasibility of amicable settlement, if any, this Court directed the parties to be present and accordingly they are present before the Court. 4. On enquiry, the second respondent and her husband submit that they have been able to retrace their steps and husband of the second respondent has realized his mistakes which have been committed unintentionally and he is prepared to lead happy life with second respondent. 5. In fact, the second respondent and her husband submit that they are now living together for the past six - 5 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 months, as the husband of the second respondent got a job. 6. It is also assured by the husband of the second respondent that he would not give room for any untoward incident in the future life. Therefore, seeks intervention of this Court in putting an end to the pending criminal case. 7. In this regard a joint memo is filed signed by the petitioners as well as the husband of the second respondent and the second respondent. 8. Learned High Court Government Pleader Sri Jamadar Shahabuddin for the first respondent-State and Sri Sanjay Kulkarni representing the second respondent together submit that placing the joint name on record suitable orders be passed. 9. Since, the amicable settlement is voluntary without any undue influence or coercion, taking note to the fact that the lis is privy to the parties and there is no - 6 - HC-KAR NC: 2025:KHC-K:3638 CRL.P No. 201330 of 2024 serious social impact caused an account of the differences among the parties, following the dictum of the Hon’ble Apex Court in the case of Ram Gopal & Another Vs. State of Madhya Pradesh reported in (2022) 14 SCC 531, this Court is of the considered opinion that the pending criminal proceedings needs to be quashed. 10. Accordingly, the following: ORDER i) The petition is allowed. ii) Pending criminal proceedings in C.C. No.1380 of 2023 on the file of I Additional Civil Judge and JMFC Court, Kalaburagi, is quashed. iii) It is made clear that the husband of the second respondent shall not give room for any complaint in future. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 77 CT:PK