Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36385 CRL.P No. 3074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 3074 OF 2025 BETWEEN:
1. AMOGH S KAVALAGI S/O SABU KAVALAGI, AGED ABOUT 36 YEARS, WORKING AT AEE, CITY MUNICIPAL CORPORATION R/AT BANASHANKARI NILAYA, 8TH CROSS, 2ND MAIN, KRISHINAGAR, SHIVAMOGGA-577201. 2. SABU KAVALAGI S/O LAKKAPPA KAVALAGI, AGED ABOUT 66 YEARS, R/AT ATHABI ROAD, ATTALATTI CROSS, TORABI BIJAPUR …PETITIONERS (BY SRI. NAGENDRA H.C..,ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SHIVAMOGGA WOMEN P.S REP. STATE BY PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36385 CRL.P No. 3074 of 2025 HIGH COURT OF KARNATAKA, BENGALURU-560001
2. NEHA K W/O AMOG S KAVALAGI, AGED ABOUT 27 YEARS, R/AT LIG 418, KHB COLONY, KALLAHALLI VINOBANAGARA, SHIVAMOGGA-577204 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. PRUTHVI WODEYAR, ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AGAINST THE PETITIONER/ACCUSED IN CR.NO.07/2025 PENDING ON THE FILE OF JMFC 2ND COURT, SHIMOGA DIST. BALARAJ URS ROAD, SHIMOGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 85, 115(2), 351(2), 75, 3(5) OF BNS, 2023 AND U/S 3, 4 OF DP ACT OF SHIVAMOGGA WOMEN POLICE STATION. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36385 CRL.P No. 3074 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the husband and his father seeking quashing of the proceedings pending in Crime No.7/2025 for the offence punishable under Sections 85, 115(2), 351(2), 75, 3(5) and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Today, this matter is moved by respondent No.2/complainant along with her husband–petitioner No.1, who are present before this Court. Upon enquiry, respondent No.2 submits that the dispute between her and petitioner No.1 has been amicably resolved in M.C. No.174/2025 on the file of the Family Court, Shivamogga. She further states that, though she had certain grievances regarding the conduct of petitioner No.1 during the subsistence of their marriage, she has not sustained any grievous injuries while leading her marital life with him. - 4 -
HC-KAR NC: 2025:KHC:36385 CRL.P No. 3074 of 2025
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Respondent No.2 also submits that the marriage between her and petitioner No.1 has been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shivamogga. In terms of the settlement recorded in the said proceedings, petitioner No.1 was required to convey certain property in favour of respondent No.2, which has been duly executed under a registered sale deed dated 03.09.2025. The said sale deed, produced by learned counsel for the petitioners, is placed on record and taken on file. 4. Having regard to the fact that the marriage between the parties has been dissolved by mutual consent, and in view of the conveyance of property in terms of the settlement, this Court finds that the continuation of criminal proceedings would serve no useful purpose. Though some of the alleged offences are technically non-compoundable, they are still at the stage of investigation, and respondent No.2/complainant, who is present before the Court, does not attribute any serious
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HC-KAR NC: 2025:KHC:36385 CRL.P No. 3074 of 2025 allegations of grievous injury against petitioner No.1. To bring quietus to the matrimonial dispute between the parties and to prevent abuse of the process of law, this Court deems it just and proper to quash the proceedings. 5. In view of the foregoing, the petition is allowed. The proceedings/investigation in Crime No.7/2025, pending on the file of the JMFC, II Court, Shivamogga District, are hereby quashed. The affidavit filed by respondent No.2/complainant is taken on record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSB