- 1 - NC: 2025:KHC-D:1585 CRL.P No. 100305 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100305 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. ISHWARAMMA W/O. VENKATESH GANGAVATI AGE. 57 YEARS, OCC. HOUSEHOLD WORK, R/O. AT GONAL VILLAGE, TQ. GANAGAVATI, DIST. KOPPAL-582301. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH HUBBALI RURAL POLICE STATION, REPTD. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SMT. PREMA W/O. K. MANJUNATH GANGAVATI AGE. 27 YEARS, OCC. FARMER, R/O. AT. GONAL, TQ. GANGAVATI, PRESENT, ANCHATAGERI VILLAGE, DHARWAD-583227. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. SACHIN C.ANGADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO. 3438/2023 FOR THE OFFENCE P/U/SEC. 498A, 323, 504, 506 R/W 34 OF IPC WHICH IS PENDING ON THEFILE OF II JMFC HUBBALLI AND ALL OTHER PROCEEDINGS ARISING THERE FROM AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:41 +0530 - 2 - NC: 2025:KHC-D:1585 CRL.P No. 100305 of 2024 ORAL ORDER The petitioner (accused No.2), who is being prosecuted for offences punishable under Sections 323, 498A, 504, and 506 read with Section 34 of the Indian Penal Code (IPC), is before this Court. 2. The case of the prosecution is that accused No.1 (the husband) and accused No.2 (the mother-in-law) subjected the defacto complainant to mental and physical cruelty. The Trial Court has acquitted accused No.1 of all the offences alleged against him. 3. The petitioner (accused No.2) and the defacto complainant are present before this Court and have filed a compromise petition stating that the dispute between them has been amicably resolved. As per the terms of the settlement, the marriage between accused No.1 and the defacto complainant has been dissolved. Accused No.1 has paid permanent alimony to the defacto complainant, who, in turn, has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings. The compromise petition is placed on record. 4. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution of the dispute between the parties, subjecting the petitioner to trial would serve no purpose. The probability of the petitioner’s conviction is remote and bleak in light of the settlement. - 3 - NC: 2025:KHC-D:1585 CRL.P No. 100305 of 2024 5. In view of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following order: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.3438/2023 on the file of learned II Addl. JMFC, Hubballi insofar it relates to the petitioner – accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 4 Sl No.: 2