- 1 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101090 OF 2019 BETWEEN: GAVISIDAPPA PATIL S/O. HANUMATHAGOUDA PATIL, AGED ABOUT: 42 YEARS, OCC: LECTURER BASAVAKALYANA COLLEGE, R/O: BASAVAKALYANA, TQ: HUMANABAD, DIST: BIDAR. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: SMT. SAVITRI GAVISIDDAPPA PATIL, AGED ABOUT: 39 YEARS, OCC: HOUSEHOLD, R/O: ALLANAGAR, POST: HIRE BAGANAL, TQ: KOPPAL. …RESPONDENT (BY SRI. A. M. MALIPATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 23.11.2018 PASSED BY THE LEARNED CIVIL JUDGE & J.M.F.C., COURT, KOPPAL IN P.C.NO.74/2017, THEREBY DIRECTING REGISTER CASE AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 494 OF IPC AND ORDERING TO ISSUE PROCESS; AND GRANT SUCH OTHER RELIEF FOR RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 ORAL ORDER This petition is filed under Section 482 of Cr.P.C praying to quash the order dated 23.11.2018 passed in P.C.No.74/2017 by Civil Judge and JMFC, Koppal registered for offence punishable under Section 494 of Cr.P.C. 2. The respondent has filed private complaint No.74/2017 against the petitioner –accused and another for offence punishable under Section 494 of IPC. Learned Magistrate by order dated 23.11.2018 has taken cognizance and ordered to register a criminal case against the petitioner. The said order has been sought to be quashed in the present petition. 3. During the pendency of the present petition, the matter is referred to the Mediation Centre and parties have entered into agreement/settlement before the Mediation Centre. Terms of agreement/settlement are contained in para No.2 of - 3 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 the said memorandum of agreement and they reads thus: “a) The Petitioner/Husband and Respondent/Wife have agreed to withdraw all the allegations made against each other. b) Both Petitioner/Husband and Respondent/Wife have agreed to get consent decree for dissolution of their marriage by filing a petition U/s. 13B, of Hindu Marriage Act. Further both the parties have agreed to get consent Divorce Decree within two months after getting the certified copy of the Compromise. c) The Petitioner/Husband is having the agricultural landed property bearing R.S. No.188/1 measuring 28 guntas situated at Bisaralli village of Koppal taluk bounded as below; To East - Land of Malipatil bearing Sy. No. 187 To West - Land of Shankaragouda bearing Sy. No.189 To North Water Stream and backyard To South - Remaining land bearing Sy. No.188/2 d) The Petitioner/Husband agricultural land bearing R.S. No.78/G measuring 3 Acres 37 guntas in which 3 guntas is phot Kaharab land, situated at Bisaralli village of Koppal taluk. The said land is situated in 2 parts, one part is situated towards Western side and another part is situated towards Eastern side and having separate boundaries. i) The Eastern side part land bearing Sy. No. 78/G is consisting of 1 Acre 38 ½ guntas, having boundaries as stated below; To East - Land in Sy. No. 71/1,2,3, To West - Land in Sy. No.78 allotted to - 4 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 Petitioner's Brother, To North - Land in Sy. No.79, To South - Land in Sy. No.72; ii) Similarly another part situated to Western side is consisting of 1 Acre 38 ½ guntas, having boundaries as stated below; To East - Road & Matti halla in Sy. No. 78 To West - Land of Giddappa Oli in Sy. No.96 To North - Land of Vanageri Oli in Sy. No.79 To South - Land in Sy. No.77 & 76 belongs to Giddappa Oli & Talawar. e) The Petitioner/Husband has hereby agreed to give up entire land in Sy. No.188/1 measuring 28 guntas and also has agreed to give up the half share out of 3 Acres 37 guntas in Sy. No.78/particularly towards Western side part land in Sy. No.78/measuring 1 Acre 38½ guntas to the Respondent/Wife. And if any variations in the area, same is to be appropriated in the other part. Possession is delivered today, Respondent/Wife is put in actual possession. The Petitioner/Husband has got no objection to enter the name of the Respondent/Wife in the Revenue records of the above said agriculture lands. From this day the Respondent / Wife is the absolute owner having independent, definite and complete right, title & interest over the said properties. f) The above said agricultural lands agreed to be given up by the Petitioner/Husband to the Respondent/Wife is to be considered as the permanent alimony and Petitioner/Husband his or legal representatives and any of his family members have no right over the said agricultural lands. Respondent/Wife is at - 5 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 liberty to enjoy the said agricultural lands as per her choice. Similarly Respondent/Wife agrees that she will not claim any maintenance or claim against the other properties of the Petitioner/Husband if any. g) In view of the above said properties being given to Respondent/Wife, the Respondent/Wife has agreed to withdraw the Crl. Misc. No.140/2022 pending before the Family Court at Koppal for recovery of the arrears of maintenance and agreed to that she will not make any claim for further maintenance in near future. h) Accordingly in terms stated above the Respondent/Wife has no objection to allow the above petition. i) In case of violations of any of the terms of this agreement stated above either of the parties, the other party is at liberty to reopen the above petition & arrears of maintenance case for redressal. j) The Petitioner/Husband undertakes to make good loss or any dispute regarding the title of the properties & the litigation if done by his legal representatives, his family members, transferred/given to the Respondent/Wife. k) If Petitioner/Husband the submits application before the Government for revocation of his service, the Respondent/Wife has no objection for the same.” - 6 - NC: 2025:KHC-D:6369 CRL.P No. 101090 of 2019 4. The petitioner and respondent who are present before the Court submits that they have entered into settlement before the Mediation Centre and also admit terms of settlement/agreement as noted (supra). 5. In view of the above settlement/agreement, the order dated 23.11.2018 passed in P.C.No.74/2017 by the Civil Judge and JMFC, Koppal is quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 1