- 1 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100426 OF 2024 C/W CRIMINAL PETITION NO. 102031 OF 2023 (482(CR.PC)/528(BNSS)) IN CRL. P. NO.100426 OF 2024: BETWEEN: SRI. SATHISH J.S. S/O. NEPAKSHAPPA J.S., AGE. 42 YEARS, OCC. FACTORY WORKER, R/O. 30TH WARD, BASAVA NILAYA, DISHA HOSPITAL LINE, GOKUL NAGAR, HOSAPETE TOWN, DIST. VIJAYANAGAR-583 201. … PETITIONER (BY SRI. A. VEERANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE HOSAPETE RURAL POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. 2. SMT. KAVITHA S. W/O. SATHISH J.S. D/O. S. THIMMANA GOUDA, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 R/O. 30TH WARD, BASAVA NILAYA, DISHA HOSPITAL LINE, GOKUL NAGAR, HOSAPETE TOWN, DIST. VIJAYANAGAR-583 201. PRESENT ADDRESS: R/O. NO.7, DOOR NO.1, MADINA MANZIL, 9TH CROSS, SANTHOSH NAGAR, ATTUR POST, YELAHANKA NEW TOWN, DIST. BENGALURU-560 064. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SUHAS K. HOSAMANI, ADVOCATE FOR SRI. J. BASAVARAJ, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PURSUANT TO FIR, COMPLAINT AND CHARGE SHEET IN HOSPET RURAL P.S. CRIME NO.31/2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, HOSPET IN C.C. NO.1364/2023 (ARISING OUT OF CRIME NO.31/2023) REGISTERED BY HOSAPETE P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 504 AND 506 R/W SECTION 34 OF IPC, ORDER SHEET, FIR, COMPLAINT AND CHARGE SHEET MARKED AT ANNEXURE-A, B, C AND D RESPECTIVELY, IN THE INTEREST OF JUSTICE. IN CRL. P. NO.102031 OF 2023: BETWEEN: 1. NEPAKSHAPPA J.S. S/O SIDDALINGAPPA, AGE. 48 YEARS, OCC. FARMER, R/O. SHASTRINAGAR, 2ND CROSS, BALLARI, KARNATAKA-583 101. 2. SMT. LALITAMMA W/O NEPAKSHAPPA J.S., AGE. 65 YEARS, OCC. HOUSEHOLD, - 3 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 R/O. SHASTRINAGAR, 2ND CROSS, BALLARI, KARNATAKA-583 101. … PETITIONERS (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY POLICE SUB INSPECTOR, HOSPET RURAL POLICE STATION, HOSAPETE, DIST. VIJAYANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. SMT. KAVITHA S., AGE. 39 YEARS, OCC. HOUSE WIFE, R/O. 30TH WARD, BASAVA NILAYA, DISHA HOSPITAL LINE, GOKUL NAGAR, HOSAPETE, DIST. VIJAYANAGAR-583 201. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SUHAS K. HOSAMANI, ADVOCATE FOR SRI. J. BASAVARAJ, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE CHARGE SHEET IN C.C. NO.1364/2023 ON THE FILE OF 2ND ADDL. CIVIL JUDGE (JR. DN.) AND JMFC, HOSAPETE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 504, 506 R/W 34 OF IPC INSOFAR AS PETITIONERS/ACCUSED NO.2 AND 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 are before this Court under Section 528 of BNSS 2023 read with Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1364 of 2023, pending before the Court of Principal Civil Judge and JMFC, Hospete arising out of Crime No.31 of 2023 registered by Hospete Rural Police Station, Vijayanagara for offences punishable under Sections 498A, 323, 504 & 506 read with Section 34 of IPC. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for the respondent No.2 jointly submit that dispute between the parties, who are all relatives, has been amicably settled and petitioner No.1 and respondent No.2, who are husband and wife, are now residing together and leading a happy marital life. Therefore, the parties may be permitted to compound the alleged offences for which the - 5 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 petitioners are charge sheeted and consequently, the impugned criminal proceedings may be quashed. 4. The parties, who are present before the Court in person, are identified by their learned advocates. Parties have stated that settlement arrived between the parties is voluntary, without there being any undue influence or coercion. The application filed by the parties under Section 320 of Cr.P.C. read with Section 359 of BNSS 2023, which is supported by the affidavit of petitioner No.1 and respondent No.2, is taken on record. The said application is signed by the parties and by their respective advocates. In paragraph Nos.2 to 5 of the application filed by the parties, seeking permission of this Court to compound the offences for which the petitioners have been charge sheeted, it is stated as follows: “2. The marriage of the petitioner and respondent No.2 was solemnized on 22.02.2009 as per their rites and customs in their community. After the marriage the respondent no.2 came to the matrimonial home for leading marital life where she led a happy marital life and out of their wed lock 2 children were born and there after some misunderstanding arose between petitioner and 2nd - 6 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 respondent and because of that she left the matrimonial home and started residing with her parents. 3. Behind this background she filed complaint against petitioner and his family members for the offences punishable U/S. 498(A), 323, 504, 506 R/W 34 of IPC before the Rural PS Hosapete. After completion of investigation charge sheet was filed in C.C.No.1364/2023 pending on the file of Learned Prl Civil Judge and JMFC Hosapete. 4. When that being the case, on the advice of elders of both families they have amicably resolved their disputes. In view of the said development the present application is filed for compounding of offence on following grounds: A. The petitioner and respondent No.2 both have already residing together and leading happy marital life. B. It is submitted that in view of the compromise the respondent No.2 has agreed to withdraw all cases filed against petitioner and his family members, and also she has no objection to allow this petition and in this regard no one has compelled her to enter into such compromise. 5. The petitioner and respondent no.2 have settled their disputes on their own free will and consent without any force or threat and also decided to live happily in their marital home.” 5. Considering the nature of the allegations found against the petitioners and since the dispute between the parties has been now settled and the husband and wife are living together, I am of the opinion that prayer made in the application as well as in the petition needs to be granted. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC-D:13180 CRL.P No. 100426 of 2024 C/W CRL.P No. 102031 of 2023 ORDER a. The parties are permitted to compound the offences for which the petitioners have been charge sheeted and consequently, the criminal petitions are allowed. b. The entire proceedings in C.C.No.1364 of 2023, pending before the Court of Principal Civil Judge and JMFC, Hospete arising out of Crime No.31 of 2023 registered by Hospete Rural Police Station, Vijayanagara for offences punishable under Sections 498A, 323, 504 & 506 read with Section 34 of IPC is quashed. c. Pending IAs., if any, stand disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 87