- 1 - NC: 2025:KHC-D:334 CRL.P No. 103633 of 2024 C/W CRL.P No. 100914 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103633 OF 2024 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100914 OF 2022 IN CRL.P.NO.103633 OF 2024: BETWEEN: SRI. G. VENKATESH AGED ABOUT 54 YEARS, OCC: COOLI, S/O. G. THIMMANNA, R/O. BESTHWARPETE, RAICHUR-584101. …PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BALLARI WOMEN P.S., BALLARI-583104, R/BY SPP HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. SMT. SUBHADRA W/O. GADAR VENKATESH, AGED ABOUT 43 YEARS, R/O. 3RD CROSS, DEVINAGAR, BALLARI. 583122. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. N.D.GUNDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ORDER DATED 27.03.2021 PASSED IN CC NO. 398/2021 AGAINST THE PETITIONER/ACCUSED NO.1 IN (CRIME NO. 96/2017) OF BALLARI WOMAN P.S. PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC BALLARI FOR THE ALLEGED OFFENCES P/U/SEC. 498A R/W 34 OF THE IPC AND SEC. 3 AND 4 OF DP ACT. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:13 +0530 - 2 - NC: 2025:KHC-D:334 CRL.P No. 103633 of 2024 C/W CRL.P No. 100914 of 2022 IN CRL.P.NO.100914 OF 2022: BETWEEN: 1. SMT. LAXMI DEVI AGED ABOUT 76 YEARS, OCC: NIL. 2. SHREENIVAS G. AGED ABOUT 48 YEARS, OCC: COOLIE. 3. ANJALI G. AGED ABOUT 56 YEARS, OCC: NIL (ALL ARE RESIDENTS OF BESTHAWARPETE RAICHUR-584101.) 4. PADMA G. W/O. SURYANARAYANA, AGED ABOUT 57 YEARS, OCC: HOUSEHOLD, R/O. GADWAL, DIST. M.B. NAGAR, (ANDRA PRADESH), TELANGANA-509125. 5. VEERESH G. AGED ABOUT 57 YEARS, OCC. GOVT EMPLOYEE, R/O. S.B.COLONY, SHINDHANUR. 6. SHREEDEVI VEERESH GADAR AGED ABOUT 47 YEARS, OCC: HOUSEHOLD, R/O. S. B. COLONY, SHINDANUR-584128. 7. BABU G. AGED ABOUT 56 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. SHIMOGA-577201. …PETITIONERS (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BALLARI WOMEN PS., BALLARI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. 2. SMT. SUBHADRA W/O. VENKATESH G. AGED ABOUT 39 YEARS, R/O. 3RD CROSS, DEVINAGAR, BALLARI-583101. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; - 3 - NC: 2025:KHC-D:334 CRL.P No. 103633 of 2024 C/W CRL.P No. 100914 of 2022 SRI. N.D.GUNDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 20.05.2021 PASSED IN CC NO.398/2021 AGAINST PETITIONERS IN (CRIME NO. 96/2017) PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC BALLARI FOR THE OFFENCES PUNISHABLE UNDER SEC. 498(A) R/W 34 OF THE IPC AND SECTION 3 AND 4 OF D.P. ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners herein are sought to be prosecuted for the offences punishable under Sections 498A read with Section 34 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. The prosecution’s case is that accused No.1 is the husband of the defacto complainant, and the other accused are the parents-in-law and family members of accused No.1. They allegedly subjected the defacto complainant to both physical and mental cruelty and demanded money from her parental house. 3. The parties are present before the Court and have filed an application under Section 482 read with Section 320 of the Cr.P.C. and Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stating that they have amicably resolved the dispute. In terms of the settlement, the marriage of the defacto complainant with accused No.1 has been dissolved in MC No.185/2019. The defacto complainant has agreed to withdraw all - 4 - NC: 2025:KHC-D:334 CRL.P No. 103633 of 2024 C/W CRL.P No. 100914 of 2022 allegations against the accused and has no objection to the quashing of the impugned proceedings. 4. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, it would be a futile exercise to subject the petitioners to trial. The probability of conviction of the petitioners is remote and bleak, given the settlement reached between the parties. Therefore, the continuation of the criminal proceedings against the petitioners would amount to an abuse of process of law. Hence, I pass the following: ORDER i) The criminal petitions are allowed. ii) The impugned proceedings in C.C. No.398/2021 (arising out of Ballari Women PS Crime No.96/2017) pending on the file of IV Additional Civil Judge and JMFC, Ballari, are hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 4