- 1 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 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. 103517 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. TANVEER ALI S/O MOHAMMAD ALI ASUNDI, AGED 33 YEARS, R/O. ASHRAYA COLONY, RAYAPUR, DHARWAD, PIN-580 009. 2. SMT. FARIDABANU W/O MOHAMMADALI ASUNDI, AGED 60 YEARS, R/O. ASHRAYA COLONY, RAYAPUR, DHARWAD, PIN-580 009. 3. AFRINABANU W/O MOULASAB KANSABANAVAR, AGED 35 YEARS, R/O. MALAPUR, DHARWAD, PIN-580 009. … PETITIONERS (BY SRI. S.P. KANDAGAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HUBBALLI DHARWAD WOMEN P.S., DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 2. GULAFSHA W/O TANVEER AALI ASUNDI, AGED 29 YEARS, OCC. HOUSEHOLD, DANUNAGAR, HATTIKOLL, DHARWAD-580 001. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO PASS AN ORDER SETTING ASIDE THE ORDER DATED 07-09-2021 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD IN SESSIONS CASE NO.74/2021 (HUBLLI- DHARWAD WOMEN P.S. CR. NO.44/2019) REGISTERED FOR THE OFFENCES UNDER SECTION 498(A), 307, 323, 494, 504, 506 R/W 34 OF IPC AND CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/A-1, A-2 AND A-4 IN S.C. NO.74/2021 FOR THE AFORESAID OFFENCES ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in S.C.No.74 of 2021 pending before the Court of IV Additional District and Sessions Judge, Dharwad arising out of Crime No.44 of 2019 registered by the Hubballi-Dharwad Women Police Station, Hubballi-Dharwad for offences punishable under Sections 498A, 307, 323, 494, 504 & 506 read with Section 34 of IPC. 2. Heard learned counsel for the parties. 3. Learned counsel for the parties, jointly submit that the dispute between them has been amicably settled and it is agreed that accused No.1 - husband will take back his wife and live together in future. They submit that pendency of the case has been causing hardship to the parties to lead a normal life and therefore they intend to give quietus to the dispute which is within the family - 4 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 members. They also have submitted a joint memo before this Court reporting settlement. 4. Learned HCGP, however, has brought to the notice of this Court that charge-sheet has been filed in the present case for non-compoundable offence. 5. The parties who are present before the Court have been identified by their respective advocates. Parties have stated that dispute between them has been settled amicably at the intervention of elders and well-wishers and settlement arrived between the parties is voluntarily, without there being any undue influence or coercion. Joint memo which is signed by the parties and their respective advocates dated 24.09.2025 is taken on record. In the said joint memo, it is stated as follows: “In this case, the first petitioner is the husband of the respondent No.2 and 2nd and 3rd petitioners are mother-in-law and sister-in-law of the 2nd respondent. The 2nd respondent filed a complaint against the petitioners alleging - 5 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 offences under sec 498(A), 323, 307, 504 R/w 149 IPC, and the case was registered in SC No.74/2021 on the file of IVth Addl. District and Session Judge at Dharwad. Now the trial has commenced and prosecution has closed it side of evidence and statements U/s 313 of Cr.PC have been recorded. The case is posted for defense evidence, and at this stage, the first petitioner and 2nd Respondent herein both being husband and wife, have amicably settled their dispute outside the court on the advice of the elders. It is agreed between husband and wife that the husband will look after the Respondent No.2/wife with love and affection and they are willing to live together hereafter happily. The elders also advised them to live together. Now the first petitioner is ready and willing to take her matrimonial home. The 2nd Respondent/wife is also willing to join the first petitioner today itself. All the petitioners/accused and respondent/complainant are physically present today before this Hon'ble Court. The Petitioners and Respondent No.2 have executed this joint - 6 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 memo without any force, threat and coercion. Hence this joint memo.” 6. The Hon'ble Supreme Court in case of RAMGOPAL AND ANOTHER vs. STATE OF MADHYA PRADESH reported in AIR 2022 (14) SCC 531, has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., the High Court in exercise of its inherent powers under Section 482 of Cr.P.C. can quash criminal cases registered for non-compoundable offences taking into consideration the nature of settlement between the parties and also the gravity and nature of allegations found in the impugned criminal proceedings. 7. In the present case, dispute between the parties is settled at the intervention of elders and well-wishers and the husband has agreed to take respondent No.2-wife and live together in future. Under the circumstances, in order to do complete justice to both the parties, I am of the opinion that the prayer made in the petition needs to be granted. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC-D:13218 CRL.P No. 103517 of 2025 ORDER I. Criminal Petition is allowed. II. The entire proceedings in S.C.No.74 of 2021 pending before the Court of IV Additional District and Sessions Judge, Dharwad arising out of Crime No.44 of 2019 registered by the Hubballi-Dharwad Women Police Station, Hubballi-Dharwad for offences punishable under Sections 498A, 307, 323, 494, 504 & 506 read with Section 34 of IPC, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 111