SRI. VIJAYAMAHANTESH S/O KISHOR ALIAS PAKIRAPPA ADIN v. STATE OF KARNATAKA
CRL.P/100664/2025 · 2025-02-11
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3834 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3834 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2722 CRL.P No. 100664 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100664 OF 2025 (482(Cr.PC)/528(BNSS))
BETWEEN:
1.
SRI. VIJAYAMAHANTESH S/O. KISHOR @ PAKIRAPPA ADIN, AGE. 34 YEARS, OCC. POLICE OFFICER, R/O. HANUMASAGAR VILLAGE-583231, TQ. KUSHTAGI, DIST. KOPPAL.
2.
SRI. KISHOR @ PAKIRAPPA S/O. DURAGAPPA ADIN, AGE. 62 YEARS, OCC. RETIRED PERSON, R/O. HANUMASAGAR VILLAGE-583231, TQ. KUSHTAGI, DIST. KOPPAL.
3.
SMT. YALLAVVA @ RENUKA ADIN AGE. 58 YEARS, OCC. HOUSEWIFE, R/O. HANUMASAGAR VILLAGE-583231, TQ. KUSHTAGI, DIST. KOPPAL. …PETITIONERS (BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY HANUMASAGAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.
2.
SMT. DEEPA W/O. VIJAYA MAHANTESH ADIN AGE. 24 YEARS, OCC. HOUSEWIFE, R/O. HANUMASAGAR VILLAGE-583231, TQ. KUSHTAGI, DIST. KOPPAL, NOW AT 7TH WARD, SAID NAGAR, HOUSE NO.3653, APMC NEAR HANUMASAGAR, TQ. KUSHTAGI, DIST. KOPPAL. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. DHANANJAY MADAR, ADV. FOR R2)
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:01 +0530
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NC: 2025:KHC-D:2722 CRL.P No. 100664 of 2025
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE PRL.DISTRICT AND SESSION JUDGE AT KOPPAL IN SC NO.96/2021 FOR THE OFFENCES PUNISHABLE U/S 498(A), 323, 504, 506, 341, 307, R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT, IN CRIME NO.110/2019 AT HANUMASAGAR POLICE STATION AND ALLOW THE ABOVE CRIMINAL PETITION AS AGAINST PETITIONER NO.1 TO 3/ACCUSED NO.1 TO 3.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The learned Additional Government Advocate accepts notice for respondent No.1/State. Sri. Dhananjay Madar, learned counsel, files power on behalf of respondent No.2.
2. The petitioners have been charge-sheeted for offences punishable under Sections 498A, 323, 504, 506, 341, and 307 read with Section 34 of IPC, and Sections 3 & 4 of the Dowry Prohibition Act.
3. The prosecution alleges that accused No.1 (husband) and accused Nos.2 and 3 (parents-in-law of respondent No.2) subjected respondent No.2/defacto complainant to mental and physical cruelty, assaulted her, and made an attempt to murder her.
4. The parties are present before the Court and have filed an application under Section 482 read with Section 320 of Cr.P.C. for compounding the offences, stating that they have amicably resolved the dispute. Accused No.1 and respondent No.2 have also filed a petition under Section 13B of the Hindu Marriage Act,
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NC: 2025:KHC-D:2722 CRL.P No. 100664 of 2025
1955, for mutual divorce, which is pending consideration. As per the settlement terms, they have agreed to dissolve their marriage and respondent No.2 has agreed to withdraw all allegations against the petitioners. The application is placed on record.
5. Although the offences alleged are cognizable and non- compoundable, given that the parties have amicably settled the matter, subjecting the petitioners to trial would be a futile exercise, as the probability of their conviction is remote and bleak. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law.
6. Accordingly, the petition is allowed. The impugned proceedings in SC No.96/2021 on the file of the Prl. District and Sessions Judge, Koppal, are hereby quashed.
JTR Ct:vh List No.: 4 Sl No.: 1 Sd/- (HEMANT CHANDANGOUDAR) JUDGE