Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21480 CRL.P No. 13588 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13588 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN:
SMT. UMA @ SMT. UMA W/O BASAVANGOUDA AGED ABOUT 58 YEARS, R/AT C-53, UMA NIALYA GOPALA GOWDA LAY OUT, 2nd MAIN ROAD, 6th CROSS, GOPALA POST, SHIVAMOGGA SHIVAMOGGA DISTRICT – 577 205
AND ALSO AT GOPAL GOWDA BADAVANE, 2ND MAIN ROAD, SHIVAMOGGA – 577 205 …PETITIONER (BY SRI. PARVAIAH, ADVOCATE)
AND:
1.
THE STATE BY STATION HOUSE OFFICER, SHIVAMOGGA WOMEN POLICE STATION, SHIVAMOGGA – 577 205 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE – 560 001
2.
SMT . SHRUTHI, W/O LATE B. V. GORISH, D/O RANGASWAMY, AGED ABOUT 31 YEARS, R/AT DEVARAHALLI VILLAGE AND POST, SANTHEBENNURU HOBLI, CHANNAGIRI TALUK, DAVANGERE DISTRICT – 577 221
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:21480 CRL.P No. 13588 of 2023
AND ALSO AT R/AT C-53 GOPAL GOWDA BADAVANE, 2ND MAIN, 6TH CROSS, C BLOCK SHIVAMOGGA, SHIVAMOGGA DISTRICT – 577 205 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1;
SRI. G. SHASHIDHARA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASHING THE IMPUGNED COMPLIANT DATED 02.01.2022, FIR IN CR.NO.1/2022 CHARGE SHEET IN C.C.NO.964/2023 FOR THE OFFENCE P/U/S.498-A, 354-A, 323, 326, 504, 506, 114 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT 1961 AT THE INSTANCE OF FIRST RESPONDENT, SHIVAMOGGA WOMEN POLICE STATION, REGISTERED AGAINST THE PETITIONER AND ENTIRE CRIMINAL PROCEEDINGS WHICH IS PENDING ON THE FILE OF THE HON’BLE JMFC II SHIVAMOGGA.
THIS PETITION, COMING ON FOR ADMISSION, 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:-
“ Wherefore, the petitioner humbly prays that this Hon’ble Court may be pleased to pass an order of quashing the impugned complaint dated 02.01.2022, First information report in Crime No.001/2022, charge sheet in C.C.No.964/2023, for the offences punishable under Sections 498-A, 354(A), 323, 326, 504, 506, 114 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961, at the instance of first respondent Shivamogga women Police Station, registered against the petitioner and entire criminal proceedings, which is pending
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HC-KAR NC: 2025:KHC:21480 CRL.P No. 13588 of 2023
on the file of Hon’ble JMFC II Shivamogga, in the interest of justice and equity.”
2.
Learned counsel for the petitioner – accused No.3 and
learned counsel for 2nd respondent – complainant have filed a Joint Memo and affidavit, duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo and Affidavit, which reads as under:-
“JOINT MEMO The Petitioner and Respondent No.2 submits before this Hon'ble court that the Petitioner and Respondent No.2 that the Respondent No.2 is the complainant in Crime No. 1/2022 of Women P.S., Shivamogga, registered for the offences punishable under Section 498(a), 504, 323, 354, 325, 114, 149, r/w Sec. 3 and 4 of D.P. Act and the Petitioner's husband is the Complainant in Crime No. 429/2021 of Tunganagara Police Station, Shivamogga registered for the offences punishable under Sec. 354(b), 109, 506, 504, 143, 149 448, 323 of IPC and both the parties have come to a settlement out of the court, with the intervention of elders and well wishers of both sides. Hence, the Hon'ble court may be pleased to take the joint memo on record and to allow the petition in the interest of justice. - 4 -
HC-KAR NC: 2025:KHC:21480 CRL.P No. 13588 of 2023
AFFIDAVIT We, (1) Uma w/o Basavanagowda B.H. aged about 60 years, r/at C-Block, No.53, 2nd main Road, 6th Cross, Gopalagowda Extension, Shivamogga-577205 and Shruthi w/o Late B.B.Girish, aged about 35 years, r/at Shruthi nilaya, C-Block, 2nd Main, 6th Cross, Shivamogga City, Karnataka, Pin Code No. 577205, both are now at Bengaluru do hereby solemnly affirm and state on oath as follows:-
1. We state that we are daughter-in-law and mother- in-law in relation and we are well conversent with the facts and circumstances of the case and accordingly we are swearing to contents of this affidavit. 2. We submit that, we have filed the case against each other before the jurisdictional police and the Jurisdictional Police have filed the charge-sheet before the concerned Jurisdictional Magistrate. 3. We submit that, with the intervention of elders and well wishers we have settled the matter out of the court and we request this Hon'ble court to dispose the matter accordingly. Wherefore, we prayed for necessary orders as prayed in the application in the interest of justice.
We the deponents, do hereby declare that what is stated above are true and correct to the best of our knowledge, belief and information. - 5 -
HC-KAR NC: 2025:KHC:21480 CRL.P No. 13588 of 2023
We swear accordingly.”
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 Joint Memo and Affidavit dated 18.06.2025.
(ii) The proceedings in C.C.No.964/2023 (arising out of Crime No.1/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 354(A), 323, 326, 504, 506 114 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of JMFC-II Shivamogga, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
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