- 1 - NC: 2025:KHC-D:2388 CRL.P No. 100689 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100689 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. EUGENE CYRIL S/O. A. STANIS AGE: 38 YEARS, OCC: PRIVATE SERVICE, R/O: #80AB, AVE MARIA COTTAGE, NEAR MUNNISHAMAPPA LAYOUT, BENGALURU-560 017. 2. FATIMA MARY W/O. A. STAINS, AGE: 59 YEARS, OCC: HOUSE WIFE, R/O: #80AB, AVE MARIA COTTAGE, NEAR MUNNISHAMAPPA LAYOUT, BENGALURU-560 017. 3. STANIS A., AGE: 66 YEARS, OCC: RETIRED PERSON, R/O: #80AB, AVE MARIA COTTAGE, NEAR MUNNISHAMAPPA LAYOUT, BENGALURU-560 017. … PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY WOMEN POLICE BALARI, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. DR. MARIA SWATHI W/O EUGENE CYRIL, AGE: 32 YEARS, OCC: PROFESSOR, R/O: WARD NO.24 SANTHA ANTHONY STREET, COWL BAZAR, BALLARI-583 102. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI.VITTHAL S. TELI, ADVOCATE FOR R2) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:43 +0530 - 2 - NC: 2025:KHC-D:2388 CRL.P No. 100689 of 2022 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASHING THE COGNIZANCE DATED: 06.11.2021 INITIATION OF CRIMINAL PROCEEDINGS ON THE BASIS OF COMPLAINT AND CHARGE SHEET IN C.C. NO.1561/2021 PENDING ON THE FILE OF 4TH ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI FOR THE OFFENCES PUNISHABLE U/S 498(A), 323, 504, 506, R/W SECTION 34 OF IPC. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for offences punishable under Sections 323, 498A, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), have approached this Court seeking relief. 2. The prosecution alleges that accused No.1 is the husband, and accused Nos.2 and 3 are the parents-in-law of the de facto complainant. It is alleged that they subjected the de facto complainant to mental and physical cruelty, abused her, and threatened her with dire consequences. 3. The learned counsel for the petitioners has placed on record a certified copy of the order passed by the learned IV Additional Senior Civil Judge, Family Court, Bengaluru Rural District, in M.C. No.238/2021, wherein the marriage between accused No.1 and the de facto complainant has been dissolved mutually under Section 10(1)(x) of the Indian Divorce Act, 1869. The de facto complainant has agreed to withdraw all allegations - 3 - NC: 2025:KHC-D:2388 CRL.P No. 100689 of 2022 against the petitioners and has no objection to quashing the impugned proceedings. 4. Although the offences alleged are cognizable and non- compoundable, given that the de facto complainant has withdrawn all allegations against the petitioners and has no objection to quashing the impugned proceedings, subjecting the petitioners to trial would be a futile exercise. The probability of conviction is remote and bleak in view of the settlement. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.1561/2021 pending before the learned IV Additional Civil Judge and JMFC, Ballari, are hereby quashed. 6. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 2 Sl No.: 59