Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22180 (KAR)

RAMESH SADHASHIVA GUGGARI v. STATE OF KARNATAKA

CRL.P/4351/2025 · 2025-06-27

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4351 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: RAMESH SADHASHIVA GUGGARI, S/O SADHASHIVA, AGED ABOUT 29 YEARS R/A HIREPADASALIGI VILLAGE, SAVALAGI HUBLI, JAMAKHANDI TALUK, BAGALKOT, KARNATAKA – 587 301 NOW WOKING AT, PSI, GOWIRIBIDANUR POLICE STATION, CHIKKABALLAPURA – 562 101 …PETITIONER (BY SRI. SUNIL KUMAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SULIBELE P.S., REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001 2. RASHI W/O RAMESH SADASHIVA GUGGARI, AGED ABOUT 25 YEARS, R/A NO. 328, 3RD FLOOR, 1ST MAIN, TALAKAVERI LAYOUT, AMRUTHAHALLI, BENGALURU – 560 092 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SRI. MOHAN R., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND THE FURTHER PROCEEDINGS THEREON IN C.C.NO.8809/2022 ARISING OUT OF CRIME NO.50/2022 REGISTERED BY SULIBELE P.S., FOR OFFENCE PUNISHABLE UNDER SECTION 498-A, 342, 323, 504, 506 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC AT HOSAKOTE. 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. Quash the entire charge sheet and the further proceedings thereon in C.C.No.8809/2022 arising out of Crime No.50/2022 registered by Sulibele Police Station for the offence punishable under Sections 498A, 342, 323, 504, 506 of IPC which is now pending on the file of Hon’ble Principal Civil Judge and JMFC, at Hosakote. b. Pass such other order as this Hon’ble Court may deem fit in the facts and circumstances of the case in the ends of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed an application under Section 320(2) read with Section 482 of Cr.P.C., duly signed by the learned counsel for the petitioner and - 3 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 respondent No.2 along with affidavits of petitioner and respondent No.2 respectively and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Affidavits, which read as under:- “Affidavit of Petitioner I, Ramesh Sadhashiva Guggari, S/o Sadhashiva Aged about 29 years residing at Hirepadasaligi Village, savalagi Hubli, Jamakhandi Taluk, Bagalkot Karnataka-587301. 1. I am the petitioner in the above case and conversant with facts of the case. Hence, I am swearing to this Affidavit. 2. I state that Respondent No.2 has lodged Complaint before 1st Respondent and the same has been registered in CC No: 8809/2022 against for the offences punishable under sections 498A,342,323,504,506 of IPC and said case is pending on the file of Hon'ble Prl. Civil judge and JMFC, Hosakote. 3. I state that Respondent No.2 had filed M.C. No.1594/2024 on the file of II Additional Prl Judge Family Court, Bangalore. The matter was referred to the Bangalore Mediation Centre, where it was amicably settled between the parties in accordance with the terms set forth in the Mediation Report. - 4 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 As per the settlement, a total sum of Rs.55,00,000/- (Rupees Fifty-Five Lakes only) was agreed to be paid by the petitioner to the respondent towards full and final settlement of all claims, including maintenance, alimony, past, present, and future. Out of the said amount: A sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) has already been paid by the petitioner to the respondent before the Hon'ble II Additional Family Court. The remaining amount of Rs.5,00,000/- (Rupees Five Lakhs only) through DD No: 701832. is now being paid by the petitioner to the respondent in compliance with the settlement terms. WHEREFORE, I pray that the Hon'ble Court be pleased to allow the accompanying Application and quash the entire proceedings against Me, to meet the ends of justice. so, I swear in the name of the God that this is my name and signature and the contents of this my Affidavit is true. Affidavit of Respondent No.2 I, Rashi, W/o Ramesh Sadashiva Guggari, Aged about 25 years, R/a No. 328, 3rd floor 1st main, Talakaveri Layout, Amruthahalli, Bengaluru 560092. - 5 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 1. I am the Respondent No.2 in the above case and conversant with the facts of the case. Hence, I am swearing to this Affidavit. 2. I state that I had lodged Complaint before 1st Respondent against Petitioners and the same has been registered in CC No: 8809/2022 against for offences the punishable under sections 498A,342,323,504,506 of IPC and said case is pending on the file of Hon'ble Prl. Civil judge and JMFC, Hosakote. 3. I state that Petitioner No.1 and I had filed M.C. No.1594/2024 on the file of II Additional Prl Judge Family Court, Bangalore. The matter was referred to the Bangalore Mediation Centre, where it was amicably settled between the parties in accordance with the terms set forth in the Mediation Report. As per the settlement, a total sum of Rs.55,00,000/- (Rupees Fifty-Five Lakhs only) was agreed to be paid by the petitioner to the respondent towards full and final settlement of all claims, including maintenance, alimony, past, present, and future. Out of the said amount: A sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) has already been paid by the petitioner to the respondent before the Hon'ble II Additional Family Court. - 6 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 The remaining amount of Rs.5,00,000/- (Rupees Five Lakhs only) through DD No: 701832. is now being paid by the petitioner to the respondent in compliance with the settlement terms. 4. I state that I have no objection to quash the entire proceedings against the Petitioners. WHEREFORE, I pray that the Hon'ble Court be pleased to allow the accompanying Application and quash the entire proceedings against the Petitioners, to meet the ends of justice. So, I swear in the name of the God that this is my name and signature and the contents of this my Affidavit is true.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Affidavits of petitioner and respondent No.2 respectively dated 27.06.2025. (ii) The proceedings in C.C.No.8809/2022 (arising out of Crime No.50/2022 of 1st respondent – Police) registered for the offences punishable - 7 - HC-KAR NC: 2025:KHC:22851 CRL.P No. 4351 of 2025 under Sections 498A, 342, 323, 504 and 506 of IPC pending on the file of Principal Civil Judge and JMFC, Hosakote, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 79