Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4052 CRL.P No. 103904 of 2022 C/W CRL.P No. 100089 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.103904 OF 2022 (482(Cr.PC)/528(BNSS)-) C/W CRIMINAL PETITION NO.100089 OF 2023
IN CRL.P. NO.103904 OF 2022:
BETWEEN:
1. SRI. RAMANNA HATTI, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. SINDHANUR, RAICHUR-584128. 2. SMT. AMARAMMA, AGED ABOUT 62 YEARS, OCC. HOUSE HOLD, R/O. SINDHANUR, RAICHUR-584128. …PETITIONERS (BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH EXTENTION POLICE STATION HOSPET, REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DIST. DHARWAD. 2. SMT. AKSHATHA E AGED ABOUT 27 YEARS, OCC. ENGINEER, R/O. NO. 26, HULIGEMMADEVI NILAYA, BEHIND DEEPAYANA SCHOOL, NEHRU COLONY, HOSPET, DIST. VIJAYANAGAR-583201. …RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. SRINIVAS B.NAIK, ADV. FOR R2)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4052 CRL.P No. 103904 of 2022 C/W CRL.P No. 100089 of 2023
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO, QUASH THE COMPLIANT AND THE FIR IN HOSPETE EXTENSTION P.S. CRIME NO. 37/2022 (VIJAYANAGAR DISTRICT) FOR THE OFFENCES U/S 498(A) R/W SECTION 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC HOSPETE VIDE ANNEXURE-A AND B RESPECTIVELY ONLY INSOFAR AS PETITIONERS (ACCUSED NOS.2 AND 3) ARE CONCERNED. IN CRL.P. NO.100089 OF 2023 BETWEEN:
SRI. MANJUNATH S/O. RAMANNA HATTI, AGE. 32 YEARS, OCC. ENGINEER, R/O. SINDHANAURU, RAICHUR-584128. …PETITIONER (BY SRI. IRANAGOUDA K KABBUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH EXTENSION POLICE STATION HOSPET, REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DIST. DHARWAD. 2. SMT. AKSHATHA E W/O. MANJUNATH HATTI AGE. 27 YEARS, OCC. ENGINEER, R/O. NO.26, HULIGEMMADEVI NILAYA, BEHIND DEEPAYANA SCHOOL, NEHUR COLONY, HOSPET, DIST. VIJAYANAGAR-583201. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 SRI. SRINIVAS B.NAIK, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR IN HOSPETE EXTENSION P.S. CRIME NO. 37/2022 (VIJAYANAGAR DISTRICT) FOR THE OFFENCES U/SEC. 498(A) R/W SEC. 34 OF IPC AND SEC.
3 AND 4 OF DOWRY PROHIBITION ACT, 1961, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, HOSPETE VIDE ANNEXURE-A AND B RESPECTIVELY ONLY IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED. - 3 -
NC: 2025:KHC-D:4052 CRL.P No. 103904 of 2022 C/W CRL.P No. 100089 of 2023
THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners/accused in both these petitions, who have been charge sheeted for the offences punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court seeking to quash the complaint and FIR in Crime No.37/2022 registered by the Hosapete Extension Police Station, Tunga Bhadra Dam Circle, Vijayanagara District.
2. The prosecution alleges that accused No.1 (in Crl.P. No.100089/2022) is the husband and accused Nos.2 and 3 (in Crl.P. No.103904/2022) are the parents-in-law and they subjected the de facto complainant to cruelty mentally and physically and also demanded to bring money from the parental house.
3. The petitioners/accused No.2 and 3 are present before the Court.
4. The learned counsel for the parties, on instructions, have filed a Joint Memo stating that the parties have agreed to amicably resolve the dispute among themselves and in terms of the settlement, the complainant has agreed to withdraw all allegations and has no objections to quash the impugned proceedings. Respondent No.2 has further agreed to co-operate for dissolving her marriage with accused No.1 in the petition filed under Section
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NC: 2025:KHC-D:4052 CRL.P No. 103904 of 2022 C/W CRL.P No. 100089 of 2023
13(1)(ib) of the Hindu Marriage Act, 1955. In terms of the settlement, accused No.1 has agreed to pay a sum of Rs.30,00,000/- to the complainant towards full and final settlement as permanent alimony. The petitioners have agreed to return 15 tolas of gold which was received at the time of marriage. The Joint Memo is placed on record.
5. Although the offences alleged are cognizable and non- compoundable, given the fact, that the parties have resolved the dispute among themselves, it would be a futile exercise to subject the petitioners/accused to trial, since the conviction of the petitioners/accused is remote and bleak in view of the settlement. In such circumstances, the continuation of investigation/criminal proceedings against the petitioners/accused would be an abuse of process of law.
6. Hence, I pass the following:
ORDER
i) Accordingly, both the petitions are allowed.
ii) The impugned FIR in Crime No.37/2022 registered by the Hospete Extension Police Station, Tunga Bhadra Dam Circle, Vijayanagara, is hereby quashed, insofar as petitioners/accused Nos.2 and 3 are concerned.
iii) The impugned proceedings in C.C. No.601/2023 pending on the file of the Civil Judge and JMFC,
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NC: 2025:KHC-D:4052 CRL.P No. 103904 of 2022 C/W CRL.P No. 100089 of 2023
Hosapete, insofar as it relates to petitioner/accused No.1, is hereby quashed.
iv) In the event parties fail to settle the dispute amicably, the parties are at liberty to file an application to revive these petitions.
Pending I.As., if any, do not survive for consideration and are
disposed off accordingly.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
KMS Ct:vh List No.: 1 Sl No.: 138