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2025 DAILYLAW 3025 (KAR)

SRI SHARANABASAVARAJ S/O. MALLAPPA BALLARI v. THE STATE OF KARNATAKA

CRL.P/100256/2022 · 2025-06-05

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7354 CRL.P No.100256 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS CRIMINAL PETITION NO.100256 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. SHARANABASAVARAJ S/O MALLAPPA BALLARI AGE. 37 YEARS, OCC. SOFTWARE ENGINEER, R/O. HOUSE NO.99, HIG, HUSKUR, KHB COLONY, NEAR OLD MADRAS ROAD, HOSAKOTE TOLL GATE, BENGALURU-560001, PRESENTLY RESIDING AT 115 LEXINGTON APARTMENT, RAILWAY TERRACE, SLOUGH-SL2, 5GW, BERKSHIRE, UNITED KINGDOM. 2. SMT. CHANNAMMA W/O MALLAPPA BALLARI AGE. 60 YEARS, OCC. HOUSEWIFE, R/O. HOUSE NO.99, HIG, HUSKUR, KHB COLONY, NEAR OLD MADRAS ROAD, HOSAKOTE TOLL GATE, BENGALURU-560001. 3. SRI. PRAKASH S/O CHANAVEERAPPA VENKATAPUR AGE. 39 YEARS, OCC. PRIVATE JOB, R/O. PARAVATHI NILAYA, VIVEKANANDA NAGAR, GADAG, PRESENTLY RESIDING AT RAJABHAVAN QUARTERS, BENGALURU-560001. 4. SMT. BALAWWA W/O. HALAPPA BADAMI AGE. 75 YEARS, OCC. HOUSEWIFE, R/O. SUGANHALLI, TAL. SHIRATTI, DIST. GADAG-582101. 5. SMT. GANGAMMA W/O. CHANAVEERAPPA VENKATAPUR AGE. 65 YEARS, OCC. HOUSEWIFE, R/O. PARVATHI NILAYA, VIVEKANANADA NAGAR, GADAG-582101. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.10 10:04:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7354 CRL.P No.100256 of 2022 6. SRI. CHANNAVEERAPPA S/O. RAMAPPA VENKATAPUR AGE. 73 YEARS, OCC. RETIRED, R/O. PARAVATHI NILAYA, VIVEKANANADA NAGAR, GADAG-582101. …PETITIONERS (BY SRIYUTHS. SRINAND A. PACHHAPURE, RAJENDRA R. PATIL AND Ms. PALLAVI S. PACHHAPURE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THROUGH THE WOMEN POLICE STATION, HUBBALLI, NOW REP. BY SPP., HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580001. 2. SMT. RENUKA W/O. SHARANABASAVARAJ BALLARI AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.99, HIG, HOSKUR KHB COLONY, OLD MADRAS ROAD, NEAR HOSAKOTE TOLL, BENGALURU-560001. NOW AT PLOT NO.12, BANASHANKARI LAYOUT, NEAR PURANDAR MANTAP, YALLAKKI SHETTAR COLONY, DHARWAD-580001. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. C.V. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.625/2021 PENDING ON THE FILE OF COURT OF II ADDITIONAL CIVIL JUDGE AND JMFC-II, DHARWAD REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504 AND 506 R/W SECTION 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, ORDER SHEET MARKED AT ANNEXURE-A IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7354 CRL.P No.100256 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned counsel for the petitioners has filed a memo stating that the first petitioner is the husband and second respondent is the wife and the complaint has been lodged by respondent No.2. 2. The couple have amicably settled the matter before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in M.C.No.74 of 2020. The second respondent has received Rs.52,50,000/- (Rupees Fifty Two Lakhs Fifty Thousand Only) and two sites from the first petitioner towards permanent alimony and accordingly the marriage between first petitioner and second respondent was dissolved by the judgment and decree dated 15.03.2025. A copy of the Memorandum of Settlement drawn under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, before the Mediation Centre is enclosed along with the memo and a copy of the - 4 - HC-KAR NC: 2025:KHC-D:7354 CRL.P No.100256 of 2022 judgment and decree passed in M.C.No.74 of 2020 is also filed along with the memo. 3. As seen from Paragraph No.10 of the Memorandum of Settlement, second respondent herein has agreed to co-operate to quash/closure of C.C.No.625 of 2021, which is the subject matter of this criminal petition. The learned VI Additional District and Session Judge, Bengaluru Rural District, has also recorded in Paragraph No.48 of the judgment that the terms of settlement was also complied by the first petitioner herein and is admitted by the second respondent herein. Having regard to the Mediation Report and the Terms of Settlement, the learned Judge has held that the chances of reuniting of the first petitioner and second respondent herein and discharging of their duties as husband and wife arising out of the marital obligations are too remote and no such chances are there. Accordingly, the petition for divorce filed by the first petitioner herein was allowed and - 5 - HC-KAR NC: 2025:KHC-D:7354 CRL.P No.100256 of 2022 the marriage between the first petitioner and second respondent herein was dissolved. 4. In that view of the matter, having regard to the facts narrated herein above and the Terms of Settlement entered between the parties, the criminal petition is required to be allowed and is accordingly allowed. The entire proceedings in C.C.No.625/2021, pending on the file of the learned II Additional Civil Judge and JMFC-II, Dharwad, registered for alleged offences punishable under Sections 498-A, 323, 504 and 506 read with Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, are hereby quashed and set aside. Ordered Accordingly. Sd/- (R.DEVDAS) JUDGE gab CT:VP LIST NO.: 1 SL NO.: 11